A group of Republican state lawmakers is asking the U.S. Supreme Court to clear the way for them to challenge two voter-approved amendments to the Michigan Constitution. This is a last-ditch effort by the GOP legislators to pursue their challenge without the full backing of a politically divided House and Senate.
The legislators are asking the high court to accept the case and rule that state lawmakers have individual standing to file the challenge and do not have to wait on formal action by the GOP-controlled House and the Senate, which is controlled by Democrats.
“Unless you have an agreement of both chambers of the Legislature, there’s no way to get an answer to this question except by going through individual legislators,” said Sen. Jim Runestad, who is also the Michigan Republican Party chair. “The only hope we have of a good clear look at the legality of this is the U.S. Supreme Court.”
The underlying controversy is the fate of two ballot proposals adopted by voters in 2018 and 2022. The voting rights proposals include provisions that include making it easier to register to vote, to vote absentee and to use early voting options. The Republican lawmakers say those ballot questions usurp their constitutional authority of the Legislature to set “the time, place and manner” of federal elections.
University of Michigan constitutional law professor Leah Litman said the legislators can’t show an individual harm that would give them standing to pursue a federal lawsuit.
“That injury is to the institution, not to the individual legislators, and for that reason, the institution has to be the one who is the plaintiff because the Legislature, the institution, is the one that is injured,” Litman told Michigan Public Radio.
The lawsuit names Governor Gretchen Whitmer, Secretary of State Jocelyn Benson and Bureau of Elections Director Jonathan Brater in their official capacities. Benson said in a statement released by her office that she will defend the ability of voters to amend the Michigan Constitution through ballot initiatives.
“Michigan voters have a right to enact laws that reflect their values, and politicians have a duty to stand by the will of the voters,” she said. “The idea that the time, place and manner of federal elections law-making is beyond the right of voters to self-determine is anti-democratic, and already multiple courts have reaffirmed this under law.”
Most appeals are turned away as the U.S. Supreme Court agrees to hear just a fraction of the requests that are filed.
