The Minnesota Supreme Court is set to make a decision on whether there is a quorum in the Minnesota house after hearing arguments from both Democrats and Republicans Thursday.
The issue is focused on the number of members it takes to get things done in the House of Representatives and it depends on how the state constitution is interpreted.
Republicans may need 68 votes to pass laws, but they believe they can still conduct business with just 67. Associate Justice Theodora Karin Gaitas touched on that fact during the hearing.
"The legislature can meet and organize and maybe try to compel some more people to show up, but they can't pass laws," says Gaitas.
A decision could come soon, but once its made the losing side will have to abide by the court's ruling, making this a landmark case for the state.
House Republicans currently have a one-member advantage of 67-66 and have been operating as if a quorum is in place electing a speaker and committees. Democrats are boycotting the start of the session due to disagreements about sharing power while waiting on a special election for what will likely remain a DFL seat.
It's become a partisan battle, and one the court finds itself thrust in the middle of due to the interpretation of the State Constitution.
"We certainly are hesitant and rightfully so," declared Chief Justice Natalie E. Hudson. "We should be exercising judicial restraint when it comes to dabbling into the business of a coequal branch. On the other hand, there are times where the courts are required to step in."
The court could bow out of making a decision all together and dismiss on a separation of powers argument. Right now there is no deadline, but a decision is expected within days.