Drake Snell v. Tim Walz, Governor of Minnesota, in his official capacity, ...

Citations

• 6 N.W.3d 458

Syllabus

1. The scope of the issues preserved for consideration here, under an exception to the mootness doctrine, permits the review of whether the Emergency Management Act, Minn. Stat. §§ 12.01–.61 (2022), can, in the abstract, authorize a sitting governor to declare a peacetime emergency for a pandemic, whether Governor Walz was specifically authorized to declare a peacetime emergency in response to the COVID-19 pandemic, and whether the Act as a whole violates the nondelegation doctrine. 2. 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. 3. The Emergency Management Act does not provide for an unconstitutional delegation of legislative authority under the Minnesota Constitution. Affirmed.