Judge Kathleen Gearin supports Dayton in government shutdown

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With the Minnesota government shutdown less than 36 hours away, a critical ruling from Ramsey County Judge Kathleen Gearin has finally given people an idea of what a shutdown means: Gov. Mark Dayton's minimalist view of the core functions of government that would keep running during a shutdown.

Gearin wrote that the court would use its power to force government spending "in a very narrow sense."

In siding with Dayton, Gearin ruled against Attorney General Lori Swanson, who had argued for a broader list of core functions, many of which will have the tap turned off one minute after midnight on Friday.

Gearin's ruling is good news for some parties, like cities, prison guards, and the elderly. It's bad news for others, like zoo goers, horse racing fans, and state aid programs that operate outside of federal welfare control. Nonprofit agencies that had appealed for continued state support were politely rebuked in the ruling.

"Neither the good services nor the fact that they may cease to exist without state funding is sufficient cause to deem their funding to be a critical core function of government and to overcome the constitutional mandate in Article XI," Gearin wrote.

Gearin's decision protects a number of state-run facilities, including prisons and nursing homes, surprising only the people who thought prisoners might be set free and old folks left to fend for themselves. Gearin also ruled that cities, which are due Local Government Aid payments of $265 million on July 20, would receive that money should the government still be in gridlock.

Animals at the Minnesota Zoo will be cared for and fed, but the zoo's doors would close to visitors in a shutdown. Gearin also signed off on closing the state's two horse racing tracks, writing, "regulation of horse racing is not a core function of government."

Dayton and legislators were set to continue negotiations to prevent a shutdown Wednesday afternoon.

Read Gearin's full decision below.

Executive Findings of Fact (2)


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11 comments
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  When employees are injured on the job, they ere entitled to certain benefits including medical care, lost wages, permanent impairment, disfigurement, and permanent disability.  Unfortunately Workers’ Compensation is a very complicated, fast-paced, and technical – your claim and benefits can be closed, limited, or lost without your knowledge or permission.

Zeroisanumber
Zeroisanumber

Judge sounds like she's still pretty pissed at the Governor and the Legislature for putting her in this position.

Kirk the Conservative Jerk
Kirk the Conservative Jerk

So she agrees with Dayton huh?

According to CP - "bad news for others, like zoo goers, horse racing fans and state aid programs that operate outside of federal welfare control."

So all you people on "State Aid" can go f**k yourselves, and this per Mark Dayton and this judge that agrees with him.Remember, Dayton decided what stays, and what goes.  The Attorney general rebuked his decisions on what to cut in a appeal with the court, but with the help of the activist judge, F**k you!!!!

Do you feel the "democrat compassion" yet!

Learning moment here people!See who he is?Punish the poor, say Dayton...

Maybe people will think before being so partisan in their voting habits.  Who cares if they have a (D) or an (R) by their name.

Do you feel the "democrat compassion" yet!

Jason
Jason

The Governor and Lori Swanson.They are the ones that made the decisions on whats open and whats closed.Not the legislators!

LMAO
LMAO

Did you actually read the fact of findings at all or just spouting off for no reason because that's what you do?How is Dayton punishing the poor again? Just want to get it straight because I have actually read the 31 page ruling the judge handed down today and I certainly didn't glean that. I think you've been drinking......

Lori
Lori

How do you get the 31 page ruling to read?

Kirk the Conservative Jerk
Kirk the Conservative Jerk

How is Dayton punishing the poor you say?"State Aid" could imply, welfare, medicaid, state aid for public education, public transportation, programs for the poor; which may include food pantries, job training, and drug and alcohol programs.

Lots of poor rely on that, right? Did ya see any of that in the 31 pages?

And EVERY cut, is a CUT by the DEMOCRATS.Republicans have NO SAY in what shuts down in MN.

LMAO
LMAO

CLOSED OR SUSPENDED:Forty-six state boards and agencies, with minimal staffing at 29 others. Departments with the most staff kept on duty would include Human Services, Corrections, Public Safety and Veterans Affairs.

State funding for many nonprofits including some child care assistance programs. A court-appointed referee will decide whether some social service programs will continue.

Most highway and other state-funded construction projects. Private contracts may have to lay off workers. Emergency highway repairs will continue.

– State parks– State lottery– State tourism office– Many licensing boards for occupations from physical therapy to private detectives– Minnesota Zoo, though some staff would care for animals– Various state licensing offices, such as for driver’s licenses and car registration

OPEN OR CONTINUING:

– State emergency/disaster agencies– State Patrol– Bureau of Criminal Apprehension– State prisons and regional treatment centers– State tax collections– Federally mandated services such as medical assistance or food stamps– Payments under the MinnesotaCare health insurance program– Unemployment payments– Workers compensation claims and benefits would still be processed– Veterans homes and programs to help veterans, though claims services would be limited– Health and safety inspections of health care facilities– Food safety work– Workplace safety enforcement for high-risk employers– State payments to cities, counties and schools– Skeleton staffing in governor’s office– Funding for Legislature, including a special session– Security at state buildings

Maybe that will break it down for you. I found this most on the web--you could have too.

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