MN Supreme Court Refuses to Hear Emergency Powers Lawsuit Against Gov. Walz

Last week, the Minnesota Supreme Court chose not to hear a landmark case against Governor Tim Walz. The lawsuit, known as Free Minnesota Small Business Coalition, et al. vs. Tim Walz, questioned the constitutionality of the governor’s emergency powers. The lawsuit was brought by the Free Minnesota Small Business Coalition, a group of small business owners. The members of the New House Republican Caucus joined this lawsuit. 

“This is an extremely disappointing action from the Minnesota Supreme Court,” said Rep. Jeremy Munson (R-Lake Crystal). “Our lawsuit asked fundamental questions regarding the governor’s powers and the executive branch’s relationship with the legislative branch. The Supreme Court’s job is to answer these questions when they are raised. Even though there are no emergency powers in effect, for now, the people of Minnesota deserve to know whether Governor Walz’s yearlong dictates were constitutional. Frankly, the Supreme Court let Minnesotans down.”

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Lawsuit Against Walz Heard in Minnesota Court of Appeals

Today the Minnesota Court of Appeals heard oral arguments in the lawsuit
brought against Governor Walz by members of the legislature and the Free Minnesota
Coalition. This lawsuit challenges Governor Walz's authority to declare a peacetime
emergency and unilaterally write law. The appellate court will rule in the coming weeks.

The New House Republican Caucus issued the following statement:

“We are disappointed by many of the statements made in today’s case. Judge
Larkin proposed that Governor Walz should be given the authority to veto the
legislature’s decision to terminate his peacetime emergency powers. This would
make it impossible to ever end a Governor’s peacetime emergency in the future.
The judges also raised questions about whether the plaintiffs had standing as
individual legislators rather than the body as a whole, and whether the claim had
to wait until after both bodies of the legislature had agreed to end the peacetime

We have endured one-man rule for too long, which has resulted in innumerable
hardships and losses for Minnesotans; however, we remain hopeful that we will
see a restoration of freedom for the people of Minnesota. No governor should be
able to unilaterally write law for an indefinite period of time. This is a gross
abuse of power, and it needs to be corrected by the courts.”


Latest -- Legislators appeal Court dismissal.

On Sept. 1, a Ramsey County Court dismissed a lawsuit against Governor Walz regarding his emergency powers and constitutional authority in the wake of the COVID-19 pandemic. The lawsuit was filed by thirteen Republican state legislators and the Free Minnesota Coalition. Nine days later,  the parties announced they would appeal their lawsuit against Governor Tim Walz. Specifically, the legislators and the Free Minnesota Coalition are appealing to the Supreme Court of Minnesota for an accelerated review of their case.

The thirteen legislators on the lawsuit are Rep. Steve Drazkowski, Rep. Tim Miller, Rep. Cal Bahr, Rep. Jeremy Munson, Rep. Shane Mekeland, Rep. Mary Franson, Rep. Eric Lucero, Rep. Joe McDonald, Rep Jeff Backer, Rep. Glenn Gruenhagen, Sen. Scott Jensen, Sen. Mike Goggin, and Sen. Andrew Mathews. Additionally, the Free Minnesota Coalition is led by Dan McGrath.

The “Go-Fund-Me” page to raise money for the lawsuit can be found here:


Updated Press Releases and Documents List


Update on lawsuits against the Governor

There are now three lawsuits against the Governor supported by New House Republican Caucus members and others.  The first is the Quo Warranto lawsuit filed on May 28.  That had a hearing on July 15. The Judge has 90 days to rule, and we hope he will rule sooner.

The second lawsuit filed on July 30 took issue with the different laws surrounding masks. It's illegal to wear a mask in public in Minnesota, and the Governor issued an executive order that people have to wear masks due to the pandemic.  In his order, he made the statement that he was disregarding the anti-mask law.  The Governor's emergency powers do not extend to ignoring laws. He can order rules and override ordinances, but not law. Chapter 12 of MN statutes requires that he call back the legislature every 30 days, to extend his powers and to make necessary laws.

The third lawsuit was filed today. This one deals with Churches and places of worship being regulated by the state, which goes against the state and federal constitution. Click on the link to press releases to read the lawsuit documents.


Information for viewing the Hearing on July 16, 2020

Tomorrow at 10:00 am we bring forward the lawsuit against Governor Walz. Members of the public are invited to attend the hearing via Zoom; however, please be mindful that 𝐧𝐨 𝐨𝐧𝐞 𝐢𝐬 𝐩𝐞𝐫𝐦𝐢𝐭𝐭𝐞𝐝 𝐭𝐨 𝐫𝐞𝐜𝐨𝐫𝐝 𝐨𝐫 𝐥𝐢𝐯𝐞𝐬𝐭𝐫𝐞𝐚𝐦 𝐭𝐡𝐞 𝐡𝐞𝐚𝐫𝐢𝐧𝐠.

Please join us on Zoom here at 10 am:…

Meeting ID: 160 762 1084
Password: 459362

Or dial in by your location:
+1 669 254 5252 US (San Jose)
+1 646 828 7666 US (New York)
833 568 8864 US Toll-free

Meeting ID: 160 762 1084
Password: 459362



St. Paul – Members of the New House Republican Caucus issued the following statement after responding to the Governor’s motion to dismiss their lawsuit, calling his Peacetime Emergency Powers unconstitutional.

“On the 244th birthday of this nation we remember our declaration of rights and independence from tyranny. This July 4, however, we find ourselves in the strange position of celebrating our freedoms when many of them have been taken away, not by COVID 19, but by the actions of our government in response to COVID 19.

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Lawsuit on The Governor's Emergency Powers

Minnesota State Representatives Steve Drazkowski, Cal Bahr, Tim Miller, and Jeremy Munson are filing a lawsuit to challenge Governor Walz's authority to declare a peacetime emergency and unilaterally write laws.
The Governor usurped the authority of the Minnesota Legislature and the checks and balances provided by the Minnesota Constitution for our three branches of government when he unilaterally declared a peacetime emergency and issued himself the power to write laws with enforcement powers.