Politics & Government

Governor Rick Snyder’s Emergency Manager law was highly controversial even before it was passed - and yesterday, a coalition of twenty-eight teachers, union members and private citizens filed suit, claiming the law is unconstitutional.

In their view, it violates the state constitution because it gives the executive branch power over the legislative, violating the separation of powers, something fundamental to both the United States and Michigan constitutions. To me, the only thing surprising about this suit was that it took so long to be filed.

This is not the first of the governor’s sweeping reforms to face a constitutional challenge. Lawsuits have already claimed the taxing of pensions is unconstitutional. Such cases can often take months or even years to wend their way through the court system. But in the case of the pension tax, to his credit, the governor requested a speedy decision from the Michigan Supreme Court.

The justices have agreed to hear the case in September, which is lightning speed in high court terms.

Getting this resolved quickly makes perfect sense, partly so that the state can try to figure out budget alternatives just in case the ruling goes against them.

Deciding this early should also prevent the endless cycle of hearings, injunctions and motions to lift injunctions.

But as long as the high court has agreed to an expedited decision on the constitutionality of the pension tax, it should give us a speedy ruling on the emergency financial manager bill as well.

Everything I know about our state’s highest court, and the experts I have talked to about this, makes me think it is highly likely the justices will rule in Governor Snyder’s favor in both cases.

The state Supreme Court has agreed to hear several cases that could clarify the rules surrounding Michigan’s voter-approved medical marijuana law.

A man with a medical cannabis card who grew marijuana in a backyard structure wants a court ruling that says he was within his legal rights. He was cited by police for not having the grow-area properly locked and enclosed. In another case, a man claims he was improperly charged with possession because he is a medical marijuana user – even though at the time of his arrest he had not yet obtained a medical marijuana card.

The court cases are working their way through the legal system as communities are drafting and re-drafting ordinances on the operation of medical marijuana clinics, and the Legislature is debating additional laws to stake out the rules for medical marijuana.

EM Law Faces  Lawsuit:

A group opposed to the state’s new emergency manager law has filed a lawsuit seeking to reverse it, Rick Pluta reports. From Pluta:

The lawsuit says the emergency manager law undermines voters’ rights to choose their elected officials. That’s because the law allows state-appointed emergency managers sweeping powers - including the ability to remove elected officials who don’t cooperate…The lawsuit names Governor Rick Snyder and state Treasurer Andy Dillon as the defendants. The Detroit pension board has also filed a lawsuit challenging the law. Governor Snyder’s office says the law is both constitutional and necessary to help the state’s most financially troubled communities. Benton Harbor, Pontiac, Ecorse and the Detroit school district are currently under the control of emergency managers.

Kalamazoo River Cleanup Continues

Cleanup crews are on the Kalamazoo River this week collecting oil that remains at the bottom of the river from last July’s oil spill. Enbridge Energy, the company that owns the pipeline that leaked the oil says more than 90 percent of the 840,000 gallons of heavy crude have already been cleaned up. About 220 people will be along the river for this week’s cleanup and an Enbridge Energy spokesperson says she expects several more hundred will be on hand in the coming weeks.

Changes to Medical Marijuana Law?

Members of the Michigan legislature are considering several bills that would amend the state’s medical marijuana law. “One bill would create a database of marijuana license holders. Another would ban marijuana dispensaries from operating within 1,000 feet of schools and churches. A third would bar citizens from suing cities that restrict or ban marijuana dispensaries... Michigan passed the Medical Marijuana Act in 2008,” Bridget Bodnar reports.

Oakland and Ingham counties are suing mortgage giants Fannie Mae and Freddie Mac over millions of dollars in disputed tax revenues.

Michigan has something called the real estate transfer tax, and it’s paid by the seller when a property changes hands.

Fannie and Freddie have been unloading many of the homes that revert to them in foreclosure sales.

Oakland County Treasurer Andy Meisner says the companies are trying to have it both ways – getting the benefits of private companies, and the protections of government entities.

 A group opposed to the state’s new emergency manager law has filed a lawsuit seeking to reverse it.  The lawsuit says the emergency manager law undermines voters’ rights to choose their elected officials. That’s because the law allows state-appointed emergency managers sweeping powers - including the ability to remove elected officials who don’t cooperate.

 Kym Spring is one of the 28 plaintiffs challenging the law:

Members of the Michigan legislature are considering several bills that would amend the state’s medical marijuana law. One bill would create a database of marijuana license holders.