Good morning. There’s been a lot of news from judges and courtrooms over the past 24 hours. Hearing no objection, we’ll start with some you may not have heard too much about.
The Minnesota Supreme Court is hearing arguments this morning on a law that involves the chief justice, the governor and the attorney general. Since 1897, people seeking a pardon have gone before a panel made up of those three top state officials, and they’ve needed to convince all three to clear their record. A woman denied a pardon on a 2-1 vote last year sued and said unanimity shouldn’t be required. Gov. Tim Walz sided with her in the lawsuit, and a district court judge ruled that the law gives more weight to the governor’s vote when there is a split. On the other side, Chief Justice Lorie Gildea and Attorney General Keith Ellison say the judge misread the law. It was enacted a year after voters amended the constitution to take away sole power over pardons from the governor. A decision is likely months away.
And speaking of the courts, a special five-judge panel looking at redistricting that was appointed by Gildea will hold a series of public hearings around Minnesota and on Zoom next month. Find the schedule here.
In other news from the courts the Minneapolis charter amendment on public safety has once again been rejected by a judge. MPR News reporter Jon Collins has the story : Tuesday’s ruling by Judge Jamie Anderson found that the language in the ballot question approved by the Minneapolis City Council didn’t allow voters to understand the essential purpose of the charter amendment, and was “unreasonable and misleading.” It was the third time the council had passed language for the ballot question that the judge blocked.The ruling came just days before early and absentee voting begins in the city where George Floyd was killed in police custody.
And MPR News reporter Matt Sepic sent me this: A Rochester woman charged with interfering with a United States Capitol police officer on Jan. 6 is expected to enter a plea this morning in federal court. Prosecutors say Victoria Charity White tried to grab a shield from police, and also helped hoist up a fellow rioter who went on to assault officers. White is among five Minnesotans charged in connection with the attack, and one of two facing felony charges. In a hearing earlier this month, White called the incident a "protest" and said those jailed after the attack are "political prisoners." A judge is allowing White to remain free as her case moves forward. But Brian Christopher Mock of Minneapolis remains jailed in Washington. Authorities say Mock shoved two Capitol police officers to the ground, kicked one, and took other officers' shields. Mock has pleaded not guilty and said in a hearing Tuesday that police, prosecutors and the FBI "lied and colluded to create evidence."
A Ramsey County District Court judge on Tuesday denied a bid to force a statewide mask mandate in all schools. Judge Thomas Gilligan turned back a request from a group of concerned parents who wanted to require masks in schools. They hoped the judge would force Gov. Tim Walz to issue the directive. Read more from Brian Bakst here.
House Democrats voted Tuesday night to expel Rep. John Thompson of St. Paul from the DFL caucus.
As of today there is no statute of limitations on reporting cases of sexual assault in Minnesota. Briana Bierschbach of the Star Tribune has the story of two women who lobbied for four years to make a change to the law. "We need to be giving survivors so many more choices of how to navigate the aftermath of being sexually assaulted, or sexually abused or raped," said Sarah Super, founder of Break the Silence. "The statute of limitations, as it existed in Minnesota, took away a really important choice and set an arbitrary timeline that, by the nature of how trauma lives in the brain and the body, really just worked to protect the perpetrators and silence the victims."
Steve Karnowski from AP had this:The former head of the Minnesota Republican Party who resigned under pressure last month told The Associated Press on Tuesday that she is considering running to get her old job back — or possibly for a public office. In her first press interview since stepping down as party chair, Jennifer Carnahan maintained that she was forced out by the same people who opposed her reelection campaign six months ago. She firmly disputes allegations of fostering a toxic work environment. She also denies foreknowledge of any wrongdoing by major GOP donor Anton Lazzaro, whose indictment on sex trafficking charges touched off the firestorm that led to her downfall. The state party’s central committee is scheduled to elect a new chair Oct. 2.
Also from AP: COVID-19 deaths and cases in the U.S. have climbed back to where they were over the winter, wiping out months of progress and potentially bolstering President Joe Biden’s argument for his sweeping new vaccination requirements. The cases — driven by the delta variant combined with resistance among some Americans to getting vaccinated — are concentrated mostly in the South. Related? California Gov. Gavin Newsom beat back a recall by a landslide Tuesday. | 