Minnesota

The Minnesota Supreme Court rejected a request Wednesday to bar former President Donald Trump from the 2024 ballot under the U.S. Constitution's insurrection clause that dates to the post-Civil War Reconstruction era.

The ruling came quickly; five justices heard oral arguments on the case last Thursday and sounded skeptical during the 70-minute session.

Chief Justice Natalie Hudson started out saying, "'Should we' is the question that concerns me most." She raised the specter of electoral chaos if 50 state courts decided differently on Trump's eligibility. "So, should we do it?" she asked.

The decision came on a petition filed in early September by a bipartisan group seeking to bar Trump from the Minnesota ballot based on Section 3 of the 14th Amendment. The so-called insurrection clause prohibits former officers from holding office again if they've "engaged in insurrection or rebellion" or "given aid or comfort" to those who did.

Leading the effort were the nonprofit Free Speech for People, former Minnesota Secretary of State Joan Growe and former Supreme Court Justice Paul H. Anderson. Their attorney, Ronald Fein, argued that Trump is disqualified from holding future office because of his actions on and leading up to Jan. 6, 2021.

Before the session last week, Anderson said in an email that the decision won't be the final word. "The issue will be appealed to and decided by the U.S. Supreme Court," he wrote.

The highly unusual request for disqualification was the focus of a daylong seminar at the University of Minnesota Law School last week featuring constitutional law and political experts from across the country.

Many seemed skeptical that the court would disqualify Trump. The experts also expected the petition — or a similar one pending in Colorado — to make it to the U.S. Supreme Court.

In her remarks in court last week, Hudson noted that previous cases on ballot disqualification provided mixed guidance. "Doesn't that suggest we use caution and some judicial restraint and maintain the status quo?" she asked.

The petitioners' attorney, Ronald Fein said there is "ample authority" to disqualify Trump and that the constitutional directive to the court was to do so.

But the state GOP argued that blocking Trump violates its First Amendment right of association, because doing so would restrict who the GOP can choose as their presidential candidate.

The court's speedy action reflects the fast-approaching 2024 presidential primary.

Arguing for Simon last week, Assistant Attorney General Nathan Hartshorn took no position on Trump's eligibility, but asked the court to rule no later than Jan. 5 so county election officials would have time to prepare for the ballots. Absentee voting for the primary begins Jan. 19.

Joining Hudson on the bench in a full courtroom last week were Justices G. Barry Anderson, Anne McKeig, Gordon Moore and Paul Thissen.

Justices Margaret Chutich and Karl Procaccini recused themselves for unstated reasons but presumably because Charles Nauen, a lawyer for the petitioners, is tied to the justices' election campaigns.

Nicholas Nelson, the attorney for Trump and his campaign, said the events of Jan. 6, 2021, didn't qualify as an insurrection or rebellion. He argued that some serious crime and violence took place but nothing on the scale or scope of an insurrection.

Hudson said, "Insurrection kind of might be in the eye of the beholder and it depends who's doing the beholding."

McKeig asked whether the questions of definition and Trump's participation weighed in favor of the petitioners' request for an evidentiary hearing to determine the answers.

But Fein, for the petitioners, said insurrection is as "open to judicial enforcement as any other terms in the Constitution."

Section 3 rose to prominence in part because of an upcoming article to be published in the University of Pennsylvania Law Review that was co-written by two Federalist Society members, including Michael Stokes Paulsen at the University of St. Thomas School of Law.

The 126-page article, available online, said the Civil War-era provision in the Constitution bars Trump from holding office again.

The monumental day comes despite two legal challenges that attempted to undercut it. Last Thursday, the Minnesota Court of Appeals struck down a legal challenge by Mille Lacs County District Court Judge Matthew Quinn against Restore the Vote. Quinn had barred at least six defendants from voting as part of their sentences and argued the voting law was unconstitutional.

In an order, Chief Judge Susan Segal wrote that Quinn had no authority to declare the law unconstitutional. And Segal said Quinn’s actions were “unauthorized by law.”

Another lawsuit by conservative voter’s group Minnesota Voters Alliance is pending in Anoka County before District Court Judge Thomas Lehmann. A first hearing was held on Oct. 30, but Lehmann has not issued a ruling on the case yet.

Votes were still being counted late Tuesday but some history was already made with Nadia Mohamed’s election as mayor of St. Louis Park and Mayor Emily Larson’s loss in Duluth. In the state’s largest school district, two candidates endorsed by a conservative group won seats.

Excerpt:

Students in campuses across the U.S. have engaged in walkouts, risking disciplinary action and being doxxed and harassed. University of Minnesota students participated in such a walkout organized by the University of Minnesota Students for a Democratic Society (SDS) and Students for Justice in Palestine (SJP). On the same evening, activists from the Antiwar Committee, Minnesota Immigrants Rights Action Committee (MIRAC), Women Against Military Madness (WAMM) and MN Abortion Action Committee, staged a sit-in at Rep. Betty McCollum’s (DFL) office, which resulted in 12 activists being arrested while she was signing House Resolution 771 that supported Israel’s right to defend itself, without calling for a ceasefire or condemning Israel’s atrocities against the Palestinians.

On November 1, 2023, the day President Biden visited Minnesota, thousands of Minnesotans protested his visit. Part of this protest was a student contingent organized by SDS. Biden declined to meet with any Muslim community leaders during his visit. While addressing a campaign fundraiser in Northfield, he was interrupted by Rabbi Jessica Rosenberg who said, “Mr. President, if you care about Jewish people, as a rabbi, I need you to call for a ceasefire right now.”

Tuesday is Election Day in Minnesota. And while it’s an off-year for most races, there are cities and school districts holding elections for positions in local governments.

In 2004, Randy Sherer, a 55-year-old white man, was killed in Jerry’s Flower Shop in North Minneapolis. Charged for that murder was Marvin Haynes, a young Black 16-year-old. Despite Haynes’ insistent claims that he was innocent and no physical evidence linking Haynes to the murder, he was convicted and sentenced to life in prison. Haynes has been incarcerated in Minnesota Correctional Facility-Stillwater since 2006.

Hello Minnesotans,

In about a month I'll be joining your ranks. I'm buying a house just outside of St Cloud. It's not my first pick in terms of politics from what I've read, but the state laws are far better for my family than where we live now.

Aside from the fact that we're moving in November, which is one of my more brilliant strokes, to be sure, I'm very excited for this change.

I'm looking for any and all of your Minnesota advice.

I've got a pretty big family, gaggle of kids (from 2nd grade to sophomore in high school), a few dogs, and ambitions on some waterfowl next year maybe.

I'm not afraid of driving in snow, I grew up in MO, we got our share of snow, so I know that often judicious throttle control is better than frantic braking. However, I've never dealt with snow on that scale that sticks for that long. I think we're going from an average annual snowfall of 12ish inches to 40-something annual inches of snow.

Will a self-propelled two stage snowblower kill me on a couple hundred feet of driveway?

Do I really need to scrape the snow off my roof?

How do I help the dogs with the cold? (Do dog boots and coats actually work?)

Got any recommendations for cold weather clothes? (I know we need layers, I'm already a fan of wool, but I need some advice on sourcing stuff that my kids will want to wear)

I love gardening, how much more time will a greenhouse give me in terms of growing season?

How the heck do I make Minnesota friends? I'm not a church person, so I expect this to be difficult for me.

DMV advice?

Best restaurants to visit?

Our family has spent the last year grieving and trying to process what has often felt like some kind of absurd unreality. I want to make this transition as positive as I can.

You don't get to pick where you're born, but you do (to some extent at least) get to pick where you live. We picked Minnesota because of the people, the land, and even the weather.

Sorry for being a stereotype, but I really don't know how else to ask aside from the non-stop googling and YouTube I'm already doing.

TL;DR:

Yet another "I'm moving to Minnesota, help me!" Post.

Edit: You all have given me some great ideas and places to start! Thank you so much!

I'm really excited to start this new chapter and you all have helped relieve some of my worries about being buried alive in snow at least :)

The Minnesota attorney general’s office is investigating potentially exploitative real estate transactions that have targeted Somali and Hispanic immigrant homebuyers in the state.

The attorney general’s action follows a report by ProPublica and Sahan Journal last year that revealed how contracts for deed — an alternative home sale agreement made directly between a seller and a buyer — can lock purchasers into inflated prices and unfavorable terms, and sometimes lead to eviction and the loss of their life savings.

“We have received a high number of complaints about predatory lending practices,” Mark Iris, an assistant attorney general in the office’s civil rights division, said in a statement. “Our office is concerned with the potential for abusive lending tactics that extract wealth from already impoverished communities.”

The North House Folk School in Grand Marais is undergoing a $5 million campus expansion, part of a growth in traditional folk schools around the state as more people yearn for off-screen experiences working with their hands.

A former Minneapolis city official active in the Democratic National Committee began a run for Congress on Friday, entering the race for a seat now held by DFL Rep. Dean Phillips.

Ron Harris, a former chief resilience officer in Minneapolis, said he would run regardless of whether Phillips seeks a fourth term or leaves the seat open. Phillips is mulling a run for president.

In announcing his bid for Congress, Harris is not waiting for the Democratic incumbent to declare his intentions. And he noted Phillips for the congressman’s consideration of a possible nomination challenge to President Joe Biden.

“As our congressman contemplates seeking higher office, I’m ready to step up to ensure our voices are heard, our community is represented, and our district gets the resources we need,” Harris said.

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Harris serves on the DNC executive committee and is Midwestern Caucus chair, positions that could help him attract backers and donations.

On social media, Phillips said he welcomes any candidates into the House race.

Phillips said he’ll soon make a decision on running for president. He said he would run because he thinks Biden is on-track to lose to the Republican front-runner, former President Donald Trump, and wants his party to usher in a new generation of leaders.

If the 3rd District seat becomes open, several more candidates will likely run in the western Twin Cities suburban district.

The list of those considering it includes Sen. Kelly Morrison of Deephaven, Rep. Zack Stephenson of Coon Rapids and Secretary of State Steve Simon.

In a statement, Simon said he remains focused on his job coordinating Minnesota elections. “I would only think seriously about a congressional candidacy in the case of a true vacancy, which may not occur for a long time if at all,” he said.

Stephenson also said he would run only if Phillips steps aside. He said he hopes Phillips runs for re-election because he wants Democrats to be unified in a campaign to stop Trump’s return to office.

Occasional parent concerns about a book have morphed into confrontations with groups and parents coming in with long lists of titles they see as inappropriate. It’s happening across the nation and in Minnesota, where Bloomington schools face pressure to remove dozens of titles.

The second Monday of October is now officially recognized as Indigenous Peoples Day in Minnesota.

Legislation newly passed this year eliminated Columbus Day as a holiday and requires schools to observe the new holiday.

An Aitkin County assistant attorney prosecuting numerous Enbridge Line 3 criminal cases was formally reprimanded last month for misconduct that occurred at a previous job with the Fargo Public Defender Office.

In 2021 and 2022 Garrett Slyva sexually harassed two jailed female defendants, propositioned one of them for a date, and suggested that her answer would determine how quickly her case got resolved, according to a reprimand order from the disciplinary board of the North Dakota Supreme Court.

Slyva was fired from the Fargo Public Defender Office after higher-ups learned of the incidents, according to the order. He later worked for the Mahnomen County Attorney’s Office, and was hired by Aitkin County in May of 2023, according to his LinkedIn page.

Neither the Aitkin County Attorney’s Office nor Slyva responded to inquiries about the reprimand by press time.

Near the end of 2021, according to the order, Slyva put his arm around a client at the jail. After learning of the incident the public defender’s office barred him from having face-to-face meetings with clients unless there was a glass partition between them.

Two months later, however, Slyva held face-to-face meetings with several incarcerated people at the Cass County Jail. One of them later told jail authorities that he asked questions about her relationship status, asked her out on a date, and told her that their conversation should “stay here because I have control of your next court date.”

The woman filed a report with the jail and Slyva was fired later that month.

In a disciplinary hearing held earlier this year, Slyva admitted to putting his arm around the first woman, according to the reprimand order. But he denied asking the other for a date, claiming she misunderstood him.

But the hearing board members found that the woman’s testimony was credible. It recommended the formal reprimand, and ordered that Slyva pay close to $6,000 to cover the costs of the hearing.

Enbridge’s Line 3 tar sands pipeline was the source of significant protests in northern Minnesota during its planning and construction, leading to arrests and prosecutions. A northern Minnesota judge recently dismissed misdemeanor criminal charges against Anishinaabeg activist Winona LaDuke and two others accused of disrupting construction of the pipeline project in 2021, while offering a powerful indictment of the prosecution.

As an assistant attorney in Aitkin County, Slyva prosecuted the LaDuke case, as well as several other criminal cases against Line 3 protestors. He is still working on several more, according to Claire Glenn, a staff attorney with the Climate Defense Project.

“It is deeply concerning that Slyva not only retains his license to practice law, but has failed up in such an extreme way — fired by the public defender’s office in North Dakota, he now has the power to prosecute people here in Minnesota,” Glenn wrote via email. She also noted that a majority of prosecuted Line 3 protestors have been women.

“Imagine being charged with a crime, not having a lawyer, being directed by the court to confer with the prosecutor about potential resolution of your case, and Slyva hits on you,” she said. “It’s horrific.”

Very unfortunate that the TCM was cancelled this year due to an above-acceptable wet-bulb globe temperature.

Archived

FX’s hit show “Reservation Dogs” is coming to a close this week but in its three seasons it has been a breakthrough for Native representation in mainstream media.

That’s thanks, in part, to creatives who are members of Indigenous communities in Minnesota. Dallas Goldtooth, Migizi Pensoneau and Bobby Wilson, who are actors, writers and producers on the show, all hail from Dakota and Ojibwe communities in Minnesota, urban and rural. They’re also all close friends and collaborators who have performed together for more than decade in the comedy group The 1491s.

They spoke to Minnesota Now host Cathy Wurzer.

Fans can see Wilson on Oct. 2 at Metropolitan State University in St. Paul, where he will host an artist talk at 6 p.m. in the Great Hall.