Challenging Gov. Tim Pawlenty's power to cut the state budget on his own, a judge on Wednesday halted some spending reductions and introduced a major new element to the upcoming budget fight.
Ramsey County District Court Judge Kathleen Gearin said the governor "trod upon the constitutional power of the Legislature" when he unilaterally cut the budget last summer through a procedure called unallotment.
"The authority of the Governor to unallot is an authority intended to save the state in times of a previously unforeseen budget crisis," wrote Gearin. "It is not meant to be used as a weapon by the executive branch to break a stalemate in budget negotiations with the Legislature or to rewrite the appropriations bill."
The judge issued a temporary restraining order reinstating money for a small nutrition program that Pawlenty cut from the budget. Several people in the poverty program had sought an order to restore the money while their case proceeds.
While Gearin's ruling deals narrowly with the food program, its implications are far-reaching as the state wrestles with a $1.2 billion budget deficit in the current biennium, a figure that could swell if Pawlenty's use of unallotment unravels.
"We are disappointed in the judge's decision," said Pawlenty in a statement released by his office. "We are weighing all of our options, including appeal, reestablishing unallotments under the current forecast, potential legislative action, and other options."
Asked to react to the ruling, University of Minnesota political science Prof. Lawrence Jacobs said: "This decision is a lightning bolt that the basic structure of Governor Pawlenty's budget may fall apart. The governor will be exposed to what could be a protracted legal and political battle."
DFLers hailed the judge's decision. "Today's ruling represents a victory for all Minnesotans concerned about the overreach of executive authority," said House Speaker Margaret Anderson Kelliher, a candidate for governor. "The legislative and executive branches of government need to be equal partners in addressing Minnesota's budget crisis."