Bar Buzz: Supremes more liberal than Dayton? – Minnesota Lawyer

The split July 26 Supreme Court ruling in State vs. Kirby was notable not just because if figures to force District Courts to give lighter sentences to some drug offenders convicted in early 2016. The 4-3 decision also was one in which Gov. Mark Daytons four court appointees split cleanly with the three holdovers from the Tim Pawlenty era.

Of course, thats not unheard ofthere was a similar split on July 12 in Montemayor v. Sebright Products, Inc., an industrial products liability case. What makes Kirby really unusual is that it didnt just pit Daytons appointments against Pawlentys appointments. It pitted Daytons justices against Dayton himselfor at least his administration.

In Kirby, the state argued that Minnesotas Legislature, in passing its 2016 drug-sentencing reforms, intended to abrogate the amelioration doctrine. In other words, Daytons team argued, lawmakers had no intention of reducing sentences for people already convicted. The law was to impact only those whose offenses occurred after it went into effect.

Led by Associate Justice David Lillehaug, however, the Dayton appointed judges disagreed. As a result, some folks whose cases were still in the appeals pipeline when the reforms got enacted on May 23, 2016, likely will get lower sentences than the ones they originally received.

I really havent recalled too many situations where we have seen straight party-lineor lets say in this case straight gubernatorial-linevoting on cases, said David Schultz, the Hamline University political science professor and court watcher. If this is a harbinger for the future, thats really kind of interesting to think about here.

It is dangerous if not ludicrous to extrapolate from a single case. But its no stretch to wonder whether Kirby might signal that the court will prove more liberal than Dayton, a governor Schultz describes as pro-business, liberal Democrat who is only OK, but not great, on civil rights.

The professor has no solid read on Daytons due-process stance. But if I look at the people that he is appointing, I think theyre going to be further to the left of him on just about all of those issues, Schultz said.

There is also this: After having already made a record-setting 134 statewide judicial appointments, Daytons Supreme Court majority figures to expand at least once more before his term ends. Associate Justice David Stras, a Pawlenty appointee, has been nominated by President Donald Trump for a seat on the federal bench.

5-2 anyone?

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Bar Buzz: Supremes more liberal than Dayton? - Minnesota Lawyer