A battle between the Legislature’s competing majorities over bills bottled up in the House clerk’s office is now in court.
The Michigan Senate Democrats filed a lawsuit Monday against House Speaker Matt Hall (R-Richland Twp.) seeking a court order for the bills to go Governor Gretchen Whitmer.
The issue is the length of time the bills have been parked in the House clerk’s office under Hall’s instructions. The bills include measures regarding public employee health care and pensions, exempting public assistance payments from debt collection and allowing Detroit to ask voters to approve historical museum millages.
They were adopted last year while the Legislature was still entirely under Democrats’ control but were not formally transmitted to Whitmer’s office before power over the House shifted to Republicans in January.
Senate Majority Leader Winnie Brinks (D-Grand Rapids) said this is more than a political disagreement. In an online news conference, she said the House is obligated to send those bills to the governor’s desk.
“I refuse to let our constitution go ignored,” she said, “and I refuse to let the hard-working men and women of Michigan continue to be actively harmed by this speaker’s inaction. Therefore, we are compelled to take legal action to see to it that the right thing gets done.”
The lawsuit claims House Republicans are violating Article 4, Section 33 – the “presentation clause” of the state constitution -- which begins: “Every bill passed by the legislature shall be presented to the governor before it becomes law, and the governor shall have 14 days measured in hours and minutes from the time of presentation in which to consider it.”
The lawsuit was filed in the Michigan Court of Claims. There is a timing issue since the bills are supposed to take effect in April and it is likely that the judge’s decision will be appealed to higher courts.
"Speaker Hall is carrying out a thorough, comprehensive legal review of an entirely unprecedented situation to ensure the House acts constitutionally,” said Hall spokesman Greg Manz.
