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Ex. DUT-MN-018 Standing duty Primary source read

Snell v. Walz, No. A21-0626 (Minn. May 10, 2024), 6 N.W.3d 458

Snell v. Walz (Snell II): the Emergency Management Act authorizes the declaration of a peacetime emergency in response to a pandemic; no evidentiary showing required; no unconstitutional delegation

Supreme Court of Minnesota (Moore, III, J.; Anderson, J., concurring; Procaccini, J., took no part) · Minnesota (Court)

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The record

Jurisdiction
Minnesota
Level
Court
Authority
Minn. Stat. §§ 12.01-12.61 (Emergency Management Act), §§ 12.31, subd. 2; 12.32
Issued
2024-05-10 May 10, 2024
Effective
2024-05-10 (adjudicating the 2020-2021 peacetime emergency) (read as 2024-05-10)
End
standing precedent
In force
Standing since May 10, 2024 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationOther
Addressees
  • persons generally (the holding governs the validity of orders binding every person and business in the State)
Character
adjudication
Collection
Standing duties: Minnesota DUT-MN

Operative words

The Emergency Management Act authorizes the declaration of a peacetime emergency in response to a pandemic and did not require the Governor to make an evidentiary showing that the Act's requirements were satisfied before declaring a peacetime emergency in response to the COVID-19 pandemic.

Penalty

Not applicable (judicial decision); it confirms the § 12.45 and order-specific penalties were penalties of law.

What it required

The State's highest court confirmed that every COVID-19 emergency executive order issued from March 13, 2020 to July 1, 2021 rested on valid statutory authority and carried, under § 12.32, 'the full force and effect of law', and that the Act's delegation to the Governor is constitutional. Character as recorded: adjudication (order_penalty layer).

Retrieval note

Slip opinion from the Minnesota State Law Library archive (CourtListener cluster 10706980 reports the citation 6 N.W.3d 458). Holding sentence at 11: 'Because a public health crisis such as a pandemic is capable of satisfying all of the requirements set by the Legislature for declaring a peacetime emergency, we agree with the court of appeals and conclude that the Act authorizes a governor to declare a peacetime emergency in response to such an emergency.' The opinion recites that orders 'have the "full force and effect of law." Minn. Stat. § 12.32 (2022)' and that the court of appeals had held 'that the COVID-19 pandemic falls within the scope of the statutory phrase "act of nature." Snell v. Walz, 993 N.W.2d 669, 672-73 (Minn. App. 2023)'. Snell I, 985 N.W.2d 277 (Minn. 2023), held the authority question fell within an exception to mootness. A decision issued after the period is pleaded as the authoritative construction of the statute that was in force during it.