UMLC Files Petition for MN Supreme Court to Set Clear Precedent in Emergency Powers Case

On Tuesday, August 8, 2023, the Upper Midwest Law Center (UMLC) filed a petition for review with the Minnesota Supreme Court, seeking to challenge a decision rendered by the Court of Appeals in the case, Snell vs. Tim Walz. The petition stresses the vital importance of defining the scope of the Governor’s power to declare a peacetime emergency, especially in the context of a “public health crisis” like COVID-19. 

“The Minnesota Emergency Management Act requires the Governor to show, with evidence, that a public health issue endangers both life and property and that local government resources aren’t enough to handle the crisis. We don’t believe Governor Walz’s COVID-19 emergencies met those criteria, and he has claimed in court that he doesn’t have to show any evidence to satisfy them,” said UMLC Senior Counsel James Dickey. “We are determined to ensure the fundamental rights of citizens are preserved and protected. We are simply asking the Minnesota Supreme Court to set a clear precedent for the Legislature and for future emergencies.” 

Click here to view the petition filed in the Minnesota Supreme Court.

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