ST. PAUL — The Minnesota Supreme Court Friday afternoon saying 68 members of the Minnesota House constitute a quorum, an opinion favoring House Democrats.
The Friday, Jan. 24 order, which will be followed by an opinion, says a “quorum” remains static under the Minnesota Constitution, and does not change with vacancies . This means everything House Republicans have done while Democrats boycott the session — electing a speaker and introducing almost 400 bills — will be scrapped, as the court found it to be legally invalid.
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“The quorum clause in Article IV, Section 13, of the Minnesota Constitution, requires a majority of the total number of seats of which each house may consist to constitute a quorum,” the Supreme Court order wrote. “Because under current statute, the total number of seats in the Minnesota House of Representatives is 134, a quorum under Article IV.13, is 68 members.”
During an oral argument hearing before the Supreme Court on Thursday, Democrats and Secretary of State Steve Simon asked the Supreme Court to help bridge the parties’ differences in opinion about what defines a quorum. Republicans argued the judicial branch should stay out of the legislative branch altogether.
“We certainly, certainly are hesitant,” Chief Justice Natalie E. Hudson said about the court weighing in on the conflict. “On the other hand, there are times where the courts are required to step in … and what we have is a co-equal branch of government that is completely dysfunctional … if not the judicial branch, who?”
In its order, the court decided not to directly address claims from the House Democrats that Republicans held unlawful sessions due to the lack of a quorum. The order states that the decision on what constitutes a quorum should be enough of a resolution for Democrats.
“We further conclude that Secretary of State Steve Simon has standing to bring the claim, and we reject respondents’ assertion that the equitable doctrine of “unclean hands” precludes consideration of his claim,” the court’s order said. “Because Secretary of State Simon’s petition is justiciable, we may address the issue of the quorum clause’s meaning without deciding the justiciability of the petition by Representatives Hortman, Long, and Hollins.”
The decision from the court could pressure Republicans to return to negotiating a power-sharing agreement with Democrats. While 68 votes are needed to pass a bill, according to the Supreme Court’s order, Republicans are not legally able to organize at all or to introduce bills.
“Republicans tried to seize power that the voters did not give them,” House Leader Melissa Hortman, DFL-Brooklyn Park, said in a statement Friday. “Now that it is clear Republicans must work with Democrats for the House to operate, I am hopeful we will be able to shortly negotiate an acceptable path forward. We’re ready to roll up our sleeves and return to the negotiating table immediately.”
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House Leader Lisa Demuth, R-Cold Spring, said the order — which undoes her election to speaker of the House — should prompt Democrats to end their boycott.
“This decision drives home the fact that House Democrats are disrespecting not just their own constituents, but the entire state of Minnesota by refusing to do their jobs. House Republicans will be showing up to work on Monday — it’s time for the Democrats’ walkout to end and for the Legislature to get on with its work,” she said in a statement Friday.
The order likely means that Simon will preside over the House until a quorum is found — in other words, until House Democrats and Republicans resolve their disputes and Democrats end their boycott.
“I thank the court for its promptness and clarity in this case. This was a closely contested legal issue, and for the first time in state history we now have a final answer on what constitutes a legislative quorum,” Simon said in a Friday statement. “I appreciate that the Justices agreed with this Office that 68 members were necessary for the House to conduct business on January 14. I look forward to re-convening the House of Representatives — and to working with an organized legislature to advance the interests of all Minnesotans.”
But the court order alone may not be enough for Democrats to end their boycott. In a Friday statement, Hortman also said Republicans have not yet been able to commit to a specific stipulation that Democrats want in a power-sharing agreement: Seating Rep. Brad Tabke, DFL-Shakoppee.
House Democrats and Republicans have both stated on the record that they will follow the decision of the court.
“Our resolution as to the meaning of the Minnesota Constitution’s quorum clause should be sufficient to resolve the issues raised by the petitions. ‘We assume that the parties will now conform to this opinion without the necessity of issuing a formal writ,’” The court said, citing the 1970 case of Palmer v. Goodwin.
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Updated 5:25 p.m. Jan. 24, 2025.
The Trust Project
