Supreme Court: Constitutional challenge will be heard July 27

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After first being dismissed without prejudice before the shutdown began, suit filed by Republican members of the Legislature arguing that spending state money without legislative approval will proceed to arguments before the Supreme Court July 27.

In an order (see here (pdf)) released Monday, Chief Justice Lorie Gildea laid out the schedule in the case for the next two weeks, culminating with oral arguments slated for the morning of July 27 at 10 a.m.

The Republican lawmakers behind the suit are  Sens. Warren Limmer, Sean Nienow, Roger Chamberlain and Scott Newman along with Rep. Ernie Leidiger and Glenn Gruenhagen. Conservative attorney Erick Kaardal has been serving as counsel for the group, as did attorney Fritz Knaak when it was before a lower court.

The four senators and Kaardal first advanced the argument with the high court before the shutdown even began. The argument, which says that any state spending that is not properly approved by the Legislature is unconstitutional, was part of the main shutdown case before Ramsey County Judge Kathleen Gearin and was also filed with the Supreme Court.

The high court, though, dismissed it without prejudice, essentially saying that it was premature since no spending had been ordered at the time. Gearin’s judgment that essential state programs could continue even during a shutdown reopened the door for the lawmakers, and they re-filed the complaint on Friday.

Over the next two weeks, those directly involved in the suit and interested parties will file what’s sure to be a flurry of legal paperwork laying out their respective arguments in the case, all of which is slated to be complete by July 22. The following Wednesday, then, the Supreme Court will hear oral arguments.