Tim Walz's unconstitutional Blackout Bill
When Gov. Walz signed the Blackout Bill into law, he signed a bill that's unconstitutional. A federal lawsuit from North Dakota's governor will soon be filed. North Dakota's Republican Gov. Doug Burgum has a strong case, especially in the Eighth District, which is generally considered a conservative court. The Blackout Bill is likely unconstitutional through the Interstate Commerce Clause. Because the Blackout Bill will require electricity generation to be 100% carbon-free by 2040, that's a potential restriction for North Dakota:
North Dakota’s Industrial Commission urged Minnesota legislators to clarify that the carbon-free requirement only applies to electricity generated within Minnesota. Since this request was ignored, North Dakota is now planning to sue Minnesota for violating the Commerce Clause of the U.S. Constitution.Because North Dakota sells electricity to Minnesota and because North Dakota's utilities rely on those sales for a significant portion of their revenues, this isn't just about Minnesota being a green state. It's about regulating interstate commerce."This isn’t about the environment. This is about state sovereignty," said North Dakota Gov. Doug Burgum, who chairs the Industrial Commission, according to Inforum.
Cornell's legal review website provides this insight into the Interstate Commerce Clause:
The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."States aren't allowed to put up regulatory road blocks that stifle other states' commerce. That's a responsibility that's assigned to the federal government, specifically to Congress.
When a law isn't a law
This news report does an excellent job explaining North Dakota's actions: Minnesota lost a previous lawsuit against North Dakota when it tried to regulate energy generation. There's no reason to think that Minnesota will win this lawsuit, if it's filed. If North Dakota wins that potential lawsuit, that essentially guts the Blackout Bill. That's great news because the Blackout Bill shouldn't have passed in the first place.There's growing proof that Gov. Walz and the DFL are getting too full of themselves:
In response to the threat of litigation, Walz urged his neighbors to get with the times. "The fact of the matter is, Minnesota is moving into the future and they’re going to have to come sometime," he said.Gov. Walz, the Constitution, which you swore to uphold, states that the federal government sets regulations on interstate commerce. Minnesota is becoming more authoritarian by the day. Thankfully, the ICC (Interstate Commerce Clause) prevents this bad bill from being enforced.
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