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Judge rules against Pawlenty on budget cuts, orders money be reinstated to food program (WHAT?)
AP ^ | 12/30/2009 | AP

Posted on 12/30/2009 3:12:32 PM PST by LiveFreeOrDie2001

A Minnesota judge has ordered the state to reinstate money for a food program that Gov. Tim Pawlenty cut from the budget, saying he acted unconstitutionally.

Several people in the program for the poor sought an injunction to restore money while their court case proceeds

Ramsey County District Judge Kathleen Gearin granted their wish in an order on Wednesday. Her temporary restraining order keeps the money intact indefinitely.

The case stems from $2.7 billion in cuts the Republican governor announced this summer to balance the budget. He took the action using an executive power that allows the governor to trim spending on his own. He and the Democratic-controlled Legislature failed to agree on a budget.

An attorney for Pawlenty had argued that the state would have trouble paying its bills if the administration lost because others hit by cuts would see it as an invitation to file similar lawsuits.


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events
KEYWORDS: constitutional; judge; liberaljudge; pawlenty; unconstitutional
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To: capt. norm

LOL

IT’S SO TRUE.

liberal women are ugly and always manly looking.

My wife and I have played spot the liberal and it spo easy to point them out.

the men are girlie looking or that yuppie clueless looking and the women never have any class, dress sense, some are stuck up and bad tempered.


61 posted on 12/30/2009 4:58:44 PM PST by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/THE LEFT BE FOOLED FOR EVER)
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To: EGPWS
these judges say it's unconstitutional, remember the ACORN crap.

Well show me where it states that in the constitution, I've looked and looked but it does not state that a group like ACORN are entitled to tax money to spend as they seem fit.

62 posted on 12/30/2009 5:00:39 PM PST by manc (WILL OBAMA EVER GO TO CHURCH ON A SUNDAY OR WILL HE LET THE MEDIA/THE LEFT BE FOOLED FOR EVER)
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To: BnBlFlag

I wasn’t born yet, so I don’t really have an opinion on busing. I just don’t understand why busing is being used as an example of judicial activism above every other act of judicial activism going back 4 decades on a thread about food program funding in Minnesota.


63 posted on 12/30/2009 5:01:36 PM PST by NotSoModerate
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To: LiveFreeOrDie2001

This POS “judge” is out of control.


64 posted on 12/30/2009 5:32:34 PM PST by FlingWingFlyer (Remember in November! Throw all of the bums out!)
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To: LiveFreeOrDie2001
Seriously, can you imagine being in the defendant’s chair and see HER walk in and sit down.

As one who used to shoot for a newspaper I know they will look for a picture of someone to use based on how they feel about the person. I have seen them pass up using art with an article rather than use a good picture of someone they don't like, and I've seen it the other way around.

Never make the photographer mad at you!

65 posted on 12/30/2009 5:42:39 PM PST by jwparkerjr
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To: DemforBush
Yes. I agree entirely. I'm especially curious about this paragraph in the full story...

Gearin wrote that Pawlenty "crossed the line between legitimate exercise of his authority to unallot and interference with the legislative power to make laws."

I added the emphasis for "unallot". In 25 years of practice, I've never seen the word "unallot" before this ruling. It's quite something.

I HATE these legal cases where the reporter doesn't link to the actual decision, or even name the actual case. It's irritating. Like you, I'd like to read the opinion for myself, and not just take the reporter's characterization of the decision at face value.

66 posted on 12/30/2009 5:43:13 PM PST by OldDeckHand
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To: capt. norm; John Semmens

I took one look at that thing, and said to my wife anybody that would nominate that for a judge has to be lost in the Leftistsphere.

Should ping John Semmens on that one. Post #13.


67 posted on 12/30/2009 5:54:46 PM PST by rockinqsranch (Dems, Libs, Socialists...Call 'em What you Will, They ALL have Fairies Living In Their Trees.)
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To: NotSoModerate
Hmmm... I don't know you so I won't jump to any conclusions, but it's strange that you bring up busing in a thread about food program funding.

My point was that we need to rein in rogue judges and put an end to judicial activism. My earliest recollection of judicial activism was school busing.

68 posted on 12/30/2009 6:09:35 PM PST by AlaskaErik (I served and protected my country for 31 years. Democrats spent that time trying to destroy it.)
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To: AlaskaErik
My earliest recollection of judicial activism was school busing.

Cool. I get your point. Thanks for explaining your position to me.

69 posted on 12/30/2009 6:18:05 PM PST by NotSoModerate
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To: DemforBush
An attorney for Pawlenty had argued that the state would have trouble paying its bills if the administration lost because others hit by cuts would see it as an invitation to file similar lawsuits.Something doesn't add up here. Pawlenty is represented by "an attorney" not the MN AG? Then said attorney doesn't argue the constitutionality of the Governors position as in can he or can't he use the power, but instead argues that it would be costly if the judge ruled against the Governor's decisions. Weird.

Something more than meets the eye is going on here. Might the case have been thrown?

70 posted on 12/30/2009 6:21:49 PM PST by 1010RD (First Do No Harm)
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To: NotSoModerate
Out of curiosity can you tell me what you mean by:

I wasn’t born yet, so I don’t really have an opinion on busing?

71 posted on 12/30/2009 6:28:21 PM PST by 1010RD (First Do No Harm)
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To: 1010RD

I wasn’t alive during the forced busing that took place decades ago, so I can only go by what I’ve read... which can’t really be relied on.... as the history of that period in our country has been rewritten numerous times.

So I try to stay away from forming opinions on things that I don’t have accurate information on.


72 posted on 12/30/2009 6:41:11 PM PST by NotSoModerate
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To: chuck_the_tv_out

She looks like Bawny Fwanks sister now.


73 posted on 12/30/2009 6:49:49 PM PST by Atchafalaya (Atchafalaya Basin; when you're there , thats the best)
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To: Rome2000
Jimenez crickets, I wonder if someone could explain one good reason why any sane individual would live in Minnesota.

  1. It's not New Jersey

74 posted on 12/30/2009 7:19:37 PM PST by Iron Munro (God is great - Beer is good - People are crazy.)
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To: Califelephant

See tag it is time to take this country back.


75 posted on 12/30/2009 7:35:18 PM PST by guitarplayer1953 (Rebellion to Tyrants is Obedience to GOD!-Thomas Jefferson)
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To: AlaskaErik
I wonder when the other two branches are going to say enough is enough and put the judiciary back in its place. It should have been done 40 years ago with busing.

Pawlenty can do that right now. All he has to do is say, "Interesting ruling, but, No."

76 posted on 12/30/2009 7:40:26 PM PST by stevem
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To: microgood
He should ignore the judge.

Absolutely! Minnesota isn't allowed to operate in a deficit. Pawlenty shouldn't ignore the ruling. He should just say, "No."

77 posted on 12/30/2009 7:42:59 PM PST by stevem
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To: stevem
After reading the actual Order, I believe that some of you may be letting your (our) ideology get in the way of the facts. The Judge's Opinion, although slathered with liberal-speak, appears sound - once Pawlenty has signed a bill into law authorizing a program, he cannot then use the unallotment process to not fund it, as it's nothing more than a backdoor veto. If he doesn't want to fund a program, he must veto that program from the bill, or the entire bill itself.

The issue hinges upon the language of the statute Pawlenty was relying upon - he can exercise this power only in situations where the budget deficit was not anticipated. Here, it clearly was. Nice try on his part.

78 posted on 12/30/2009 8:25:42 PM PST by GreatOne (You will bow down before me, Son of Jor-el!)
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79 posted on 12/30/2009 8:32:14 PM PST by MplsSteve
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To: LiveFreeOrDie2001

Judge needs to be impeached, ignored by the Governor, or otherwise removed from office.


80 posted on 12/30/2009 8:55:31 PM PST by Dead Corpse (III)
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