On Wednesday morning, Judge Kathleen Gearin issued her much-anticipated ruling on what government services should continue in the event no state budget is in place on July 1. As was expected, her ruling places very strict limits on what can be funded during a government shutdown. Judge Gearin states, “The court must construe any authority it has to order government spending to maintain critical core functions in a very narrow sense. Discretionary appropriations are the province of the Legislature, not the courts.”
Under Judge Gearin’s ruling, two major categories of government services will continue:
1. Agreements the State of Minnesota has entered into with the federal government that “ensure the health, safety and welfare of Minnesota citizens.” Failure to provide these services would violate the Supremacy clause of the U.S. Constitution. Judge Gearin’s order specifically mentions that the Commissioner of Management and Budget should issue timely checks and process necessary funds for:
- Medicaid (known as Medical Assistance in Minnesota)
- Supplemental Nutrition Assistance Program (SNAP, formerly known as Food Stamps)
- Temporary Assistance to Needy Families (TANF)
2. Obligations under the Minnesota and U.S. Constitutions and funding for other “critical core government functions.” Judge Gearin’s order specifically lists:
- Basic custodial care for residents of state correctional facilities, regional treatment centers, nursing homes, veterans’ homes, and residential academies and other similar state-operated services
- Maintenance of public safety and immediate public health concerns
- Provision of benefit payments and medical services to individuals
- Preservation of the essential elements of the financial systems of the government
- Necessary administration and supportive services, including but not limited to computer system maintenance, internet security, issuance of payments
- Payments of state aid to cities that have been lawfully appropriated
- Funding for education required by the Minnesota Constitution
- The care of animals at the Minnesota Zoo and preserving the safety and security of zoo property
Judge Gearin also approved the list of critical core government functions submitted by Governor Dayton. A copy of the list of functions that will be funded, with a few modifications made by Judge Gearin, is included as part of the order.
What funding will not continue? Basically, everything else. Judge Gearin did specifically address a few items:
- Nonprofit services that are not included as part of the critical core functions listed above: Judge Gearin ruled that “neither the good services they provide 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.” (For more information on how a shutdown would impact the nonprofit community, visit the Minnesota Council of Nonprofit’s 2011 Budget/Shutdown Crisis webpage.)
- Child care: Programs that are federally-funded through TANF will continue, but payments for all other non-TANF child care assistance will cease.
- Construction: Keeping a bridge from collapsing is a critical core function, but Judge Gearin ruled that all other bridge and road work is not.
- Other programs, agencies and businesses: Judge Gearin ruled that, although they may provide great benefit to society and the state, “the negative impact of a government shutdown on these programs does not justify a court in over-extending its authority.”
- Horse racing: According to Judge Gearin, regulation of horse racing is not a core function of government.
These decisions will doubtless have a significant impact on tens of thousands of Minnesotans and cause hardship for many. However, Judge Gearin points out “these likely consequences can only be avoided by the exercise of legislative and executive branch discretion in settling the budget issues.”
In response to the Attorney General’s petition, Judge Gearin appointed retired Supreme Court Justice Kathleen Blatz as Special Master to hear petitions and make recommendations to the Court. This will help clarify any remaining questions as to what should, or should not, be funded. Details on the Special Master process will be forthcoming.
The order is in effect until July 31, 2011, although it may be extended by the Court.
-Christina Wessel
