ST. PAUL — A federal judge has dismissed a lawsuit against Minnesota Gov. Tim Walz over his coronavirus emergency executive orders — this time, filed by a candidate for Congress, who is now appealing the decision.
On Wednesday, Sept. 30, U.S. District Judge for the District of Minnesota Donovan Frank dismissed Republican U.S. Senate candidate Jason Lewis's lawsuit against Walz , saying Walz's executive orders limiting the size of gatherings in an attempt to mitigate the spread of the COVID-19 pandemic do not violate the Constitution.
Lewis, who has largely campaigned against incumbent Democratic U.S. Sen. Tina Smith by going after Walz's executive orders and Democrats' handling of the pandemic at-large, had argued in his lawsuit that Walz's orders put an unconstitutional burden on his campaign's activity. Lewis has continued to travel throughout the state and host and attend campaign events throughout the duration of the pandemic and Walz's peacetime emergency.
In a written statement, Lewis said that he was "hardly surprised" by Frank's dismissal of the suit, and said he will appeal the decision. Lewis said Wednesday's ruling shows "why federal judgeships are so important," as well as who occupies the Senate seats who vote on their confirmations.
"This cause is not about me or my campaign," Lewis said. "This fight is for every Minnesotan whose business was hurt, who missed a paycheck, or lost their job because of the one-size-fits-all economic lockdown imposed upon Minnesotans by executive order."
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John Stiles, a spokesperson for Minnesota Attorney General Keith Ellison, told Forum News Service via email that Wednesday's decision marks the seventh lawsuit against Walz's executive orders that has failed in court. Out of 15 lawsuits filed total , Stiles all seven that have thus far been decided have been unsuccessful.
As of Sept. 15, Stiles said the lawsuits filed against the state have thus far cost the AG's office $230,000 and 1,750 staff hours to defend.
In a written statement, Ellison said of Wednesday decision that he is "grateful that Judge Frank recognized that governor’s powers to fight public-health crises are firmly grounded in law."
"One would think that someone seeking to represent the people of Minnesota would be focused on how to save the lives of Minnesotans," Ellison said of Lewis's lawsuit. "I’m disappointed that anyone would use the court’s time to fight for the right to spread a deadly disease, particularly someone hoping to represent the public interest.”
As of Thursday, a cumulative 100,200 Minnesotans have tested positive for coronavirus since March, and more than 2,000 have died as a result.
