As the Attorney General files to get the courts to determine what workers are “essential”…:
In her petition, Swanson asked the court to fund a broad expanse of state services and appoint a “special master” — essentially a shutdown referee, to sort the details.
…Governor Dayton goes back to his old dodge:
Dayton offered a different solution in his petition.
“Order the parties to mediate,” Dayton asked the court. He suggested former Supreme Court Chief Justice Kathleen Blatz or former Associate Justice James Gilbert to act as court-appointed mediators. Swanson had asked that Gilbert be appointed special master.
Only if mediation fails, Dayton’s brief said, should the court infringe “on the constitutional powers of the legislative and executive departments.”
For starters – ask any lawyer: Mediation only works when both sides are entering into the discussion in good faith. As Gary Gross, Janet Beihoffer and I have all shown this week, Dayton is not. He has been staging the shutdown from the word go.
(Leftybloggers will chime in around this point: “But the GOP was talking about a shutdown right after the election!”. Yep. Many of us expected that Dayton, facing an overwhelming legislative deficit with a real mandate, unlike his near-record weak plurality and feckless Legislative contingent, would head straight for the shutdown, and let his buddies in the DFL-allied media do the hard work for him – a prediction that is, as always, correct. The GOP said “bring on the shutdown”; Dayton actively sought, planned for, and ensured it would happen).