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Constitutional Litigation

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I’ve had a number of cases over the years that have touched on constitutional law and probably the most significant of those was in about 2014 when I represented a group of home healthcare providers and individual personal care assistants who provide care to people in their homes. The legislature had passed a law which said the state will reimburse relative caregivers, people who are related to those whom they’re taking care of only 50 percent of what they reimburse everybody else even though they all take the same test, they all have the same qualifications, they all perform the same job.

So we brought that suit and we did it pro bono on behalf of the personal care assistants many of whom where minorities and American Indians, Hmong and other minorities. We got the court of appeals to say that that statute is in fact unconstitutional it violates the right of equal protection under the Minnesota constitution. And so that, I think, was a big victory for us.

We’ve had a number of other cases over the years the Ventura v. Kyle was very heavily litigated in the first amendment area the rights of the publisher to say what they want. I’ve litigated Indian voting rights cases under the voting rights act in the constitution and over the years a number of other cases where we’ve had business litigation where constitutional issues arise.

Minneapolis, MN litigator David Olsen talks about the types of constitutional litigation cases he’s taken on.

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