Capitol View for November 26

Good morning. Nothing like a few lawsuits to get your day moving.

Minnesota’s bumpy path to a legal marijuana marketplace is even bumpier. A planned lottery to offer preapproval of licenses for social equity applicants was halted by a judge. Some business applicants who were denied access to the lottery sued and their attorneys successfully obtained the injunction. State officials say they were attempting to root out people looking to profit by quickly selling or transferring a license, but the way they handled the culling attracted several lawsuits. It’s unclear if an appeal is coming or could move ahead quickly — or when the Office of Cannabis Management will reschedule the lottery. The early 2025 launch of a full-fledged marijuana retail market has been the goal, but there could be difficulty meeting that. Dana Ferguson tracked the court proceedings on Monday.

Minnesota’s laws on abortion access are being challenged in federal court by a contingent of groups opposed to the procedure. The lawsuit seeks an injunction barring most surgical and medical abortions until the state’s laws are changed. It was brought by a group of plaintiffs that includes crisis pregnancy centers, anti-abortion organizations and women who have had abortions they say weren’t voluntary. Those groups argue that Minnesota’s process for abortion consent is too loose and that its legal protections for medical providers are too lenient. Harold Cassidy, a New Jersey based attorney for the plaintiffs, told our Matt Sepic that the case is premised on parental rights being violated. “The plaintiffs in this case are not taking the position that all abortions are unconstitutional. Their position is that all involuntary abortions are unconstitutional. All abortions that are the product of coercion and pressure and deception are unconstitutional.” DFLers say they are keeping an eye on the case, but aren’t overly concerned. Attorney General Keith Ellison said plainly, “I don’t think it’s a very meritorious lawsuit.”

Two DFLers have wound up the recount phase of the 2024 campaign ahead of their Republican challengers in races that will determine if the House is tied or in GOP hands next year. Officials in Scott and Sherburne counties concluded their ballot re-examinations. DFL Rep. Dan Wolgamott shed one vote, but he still had a 190-vote advantage over Republican Sue Ek in the St. Cloud-area race. DFL Rep. Brad Tabke of Shakopee also saw his lead shrink ever so slightly, but his 14-vote margin over Republican Aaron Paul was certified. Watch for that one to head next to court. The fighting over the election results could run right into the first day of session when members present their certificates and take their oath. Clay Masters and Kirsti Marohn had eyes on the recount proceedings (with help from Dana).

Ann Johnson Stewart was sworn into the Minnesota Senate Monday, returning the Senate to 67 members . The former state senator won a special election on November’s ballot for Kelly Morrison’s west metro seat. When district boundaries were redrawn in 2022, Johnson Stewart and Morrison were placed in the same territory, and Johnson Stewart ultimately bowed out of the race to endorse Morrison. When Morrison stepped down to run for Congress earlier this year, Johnson Stewart said it was an opportunity she couldn’t pass up. “I just felt like this was my place and aside from having to move to somewhere out in greater Minnesota, I was thankful that a seat became open right in my home district,” she said at her swearing-in ceremony Monday. “It seems like I really am meant to be here.” Democrats will have a one seat majority headed into the next session.