That Other Branch...

Posted by: JW of Minnesota

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Now seems like a good time get some good Constitutional Law discussions going. Before Bart lights up the first Rocky Patel Vintage for the weekend, or Nobody taps into another bottle of COSTCO brand bourbon.

I haven't seen much, if anything, on the blogosphere about the legality of a County District Court Judge being able to decide what services are to be open or not. The basis of decision was whether or not discontinuation of said service represented a violation of civil rights. To me, this is fishy.

For example, let's say, Judge Gearin decided that MN Services for Blind People Racing Formula One Cars Career Center (BPRFOCC ) needed to stay open during the shutdown. Such ruling deems that such level of service needs to be maintained at, say, $10 Million per year in order that no one loses any Civil Rights.

Hypothetically, let's say in 2 years, the Legislature cuts this BPRFOCC funding from 10 million to 8 million. Does last year's ruling provide the legal precedent for a District Judge to step in and order that funding be returned to previous levels? I think so, and so begins what I feel is a troubling direction.



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JW of Minnesota
written by JW of Minnesota , July 09, 2011

Several Legistlators are on the same path as I am. They are taking action to stop the judge's decisions.

Yesterday, Judge Gearin decided that MN Historical Society funding most be restored. I'm not sure who's Constitutional Civil Rights were violated. About 1/2 the funding for MHS is state money. If they wanted to stay open, I'm sure they could have by charging extra and closing slower exhibits.

written by Nobody , July 09, 2011

A true "can of worms". So you can get another judge to say some other judge can't do something?

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