By Lora Pabst
The already short road construction season in Minnesota could be missed entirely if the state shutdown continues much longer, two Republican legislators told Ramsey County Chief District Judge Kathleen Gearin Wednesday.
Transportation committee chairs Sen. Joe Gimse, R-Willmar, and Rep.Mike Beard, R-Shakopee, asked Gearin to rule that ongoing highway construction projects are a core function of government, which could allow more than $100 million to flow to 98 ongoing projects. They argued that road construction is similar to public education because they are mandated by the state Constitution.
"We need to abide by the Constitution." Gimse said. "What we read clearly is we shall construct, improve and maintain highways."
Gearin, who has been in charge of most shutdown litigation, appeared to indicate she didn't find that so clear.
Gearin noted that her earlier order on critical and core functions of government allowed for emergency repairs and upkeep on highways and she was not inclined to change that decision.
When Beard said he thought appointed special master, former State Supreme Court Justice Kathleen Blatz, could call some MnDOT employees back to work, Gearin responded "I can assure you she didn't sign up to be the commissioner of transportation."
"It sounds like you want Justice Blatz and I to be super activist judges," Gearin said.
