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Stalled legislation lawsuit will be heard in appeals court; Mich. Supreme Court orders fast track

The Michigan Capitol building in Lansing, featuring a lamppost and the Gov. Blair statue.
Emma Winowiecki
/
Michigan Radio
The Michigan Capitol building in Lansing.

The Michigan Supreme Court has refused a request to bypass a lower court and hear an argument that pits the Legislature’s Senate Democratic majority leader against the Republican House speaker.

The Supreme Court, in an unsigned order, said the case will be heard by the Michigan Court of Appeals following a decision in late February by a Court of Claims judge.

Democrats say House Speaker Matt Hall (R-Richland Township) violated Article 4, Section 33 of the Michigan Constitution by instructing the House clerk to sit on nine bills adopted by the last Legislature but never sent to Governor Gretchen Whitmer’s desk before adjourning.

Senate Majority Leader Winnie Brinks (D-Grand Rapids) says all bills adopted by the House and the Senate must — without exception — go to the governor’s desk, and the responsibility to transmit bills is automatic.

Hall says the House under his control is not obligated to wrap up work left undone by the previous House majority. Republicans also argue that the courts have no authority to interfere in an internal dispute over how the Legislature operates.

Court of Claims Judge Sima Patel in February ruled with Democrats that the bills should go to Governor Gretchen Whitmer, but declined to issue an order to enforce the decision.

"The procedures through which this takes place is a legislative function in which the court will not interfere," wrote Patel.

This dispute has policy consequences that include exempting public assistance payments from debt collection, putting a millage for Detroit historical museums before southeast Michigan voters, and increasing state contributions to employee health care.

Rick Pluta is Senior Capitol Correspondent for the Michigan Public Radio Network. He has been covering Michigan’s Capitol, government, and politics since 1987.
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