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Ramsey County Judge John Guthmann dismissed Destiny Dusosky’s lawsuit, saying that ‘the suit lacks ripeness,’ adding that her claim ‘is premature and based on speculation.'” Judge Guthmann then wrote that “Dusosky, a Sauk Rapids resident, ‘failed to demonstrate that she was injured in a way that is any different than all residents of Senate District 13.'”

Sen. Fischbach’s best argument might be that “past court cases say she can hold down both offices if the lieutenant governor job is ‘temporary.’ She said that since the job would end early next year, it must be considered temporary.” The counter-argument to that is that the job isn’t temporary in that it’s for the rest of the term.

The bad news for Sen. Fischbach is that “the judge dismissed the case in a way that a new one may be filed. His decision also may be appealed. The judge made it clear a new case could be accepted. ‘However, this is not the right case, the right plaintiff, the right time or the right legal context. …'”

In other words, a new lawsuit will be filed soon. Either that or this ruling will be appealed to the Minnesota Supreme Court, which Gov. Dayton packed with DFL activists. If I was a betting man, I’d bet that the Minnesota Supreme Court will rule against Sen. Fischbach. By that time, most of this session will have been wasted.

Sen. Fischbach could’ve avoided all this by simply resigning her Senate seat, taking the oath of office for Lt. Gov., then resigning the minute Gov. Dayton announced the date for the special election to fill the SD-13 seat. Had Sen. Fischbach done that right away, she’d be Senator-Elect Fischbach. That would let her vote for a weak DFL senator in a swing district to be the next Lt. Gov.

6 Responses to “Fischbach lawsuit dismissed”

  • MtkaMoose says:

    I’m not sure why the Republican senators don’t just nominate The Democratic person they want out of the senate most (or whose district is most likely to elect a Republican in a special election!) as President, then have Fischbach resign as Lt. Gov. Since Fischbach never resigned her Senate seat and still holds an election certificate she can return to her rightful place. Then we can watch the Dem’s try to walk back their words on ability to hold two positions at once!

    This way we don’t have to worry about relying on the MN Supreme Court, since they will obviously rule based on the party of the applicant. With the legislative funding issue decision we know they aren’t at all clear on what is or isn’t constitutional.

  • Gary Gross says:

    It’s in the Democrats’ favor to let this play out in the courts. As long as it’s being fought in the courts, Republicans don’t have a majority, which means they don’t have gavels for committee hearings, either. Further, since Sen. Fischbach already is the Lt. Gov., Republicans don’t have the votes to turn the tables on the DFL. Thanks to the judge’s ruling, the minute she votes, the lawsuit is re-instated.

  • Rexnewman says:

    This is one rare time when I continue to disagree with LFR. I welcome the court’s ruling. Stand your ground Senator F.! You were duly elected to serve your District. Let’s see if even a Dayton appointee dares to needlessly interfere. This is the Governor’s problem, trying again to be too clever by half. To say it was justified because Tina Smith the best or only choice would be – is – absurd.

  • Gary Gross says:

    Gov. Dayton’s DFL operatives on the MN Supreme Court won’t hesitate a split second. They’re DFL operatives first. They aren’t neutral justices. A month after the ruling, Minnesotans will forget about the Supreme Court’s egregious actions. We will have wasted a ton of time when we could’ve dealt the DFL a crushing political defeat. I’m not in favor of letting the DFL tricksters off without punishment. If we want them to stop with the dirty tricks, which this clearly was, we must tell the DFL that they’ll pay a steep price for their dirty tricks. If there’s no price to be paid, why should the DFL stop with the dirty tricks?

  • Rexnewman says:

    I would characterize the Dayton judges as cowards. On the veto, they snaked their way through the thin path of avoiding any actual decision, for the Constitution or against the Governor. Such history will repeat itself here, taking no action since they can hide behind several precedents. Which is good for Fischbach and Minnesota.

  • Gary Gross says:

    I watched the oral arguments. The Dayton-appointed justices weren’t cowards. They were snakes looking for any way to support Gov. Dayton.

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