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View Diary: Snyder admin in complete freakout mode over legal challenge to Michigan's Emergency Mgr law (96 comments)

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  •  It is not uncommon for cases concerning (4+ / 0-)
    Recommended by:
    MGross, elwior, stlsophos, Onomastic

    constitutional issues to be taken up by the high court without going through the lower echelons (though usually, the suit is at least filed in lower court first).  It is rarely done, but I'm pretty certain that it has happened on the national USSC level.  Snyder may well be trying to take political advantage, but the truth is that on constitutional issues, the state's high court is gonna have the last say on the matter of what the state's constitution means as it applies to this situation, and it isn't irrational for the governor to want that court to hear it in an expedited fashion.

    •  The Loss and Appeal cycle makes very bad optics. (17+ / 0-)

      It would make more sense to start @ lower court if you were very sure of your case and wanted to make this look like a nuisance suit from the fringe.

      He's gotta figure that he'll be losing all the way up, and that the SC is politicized enough to give him a ruling that lower courts would not.

      How I see it, anyway.

      •  I respectfully disagree: Gov is scared of "FACTS" (19+ / 0-)

        It is within the lower courts that the "fact findings" take place - the Governor wants this law considered in a vacuum, a purely "legal" question, cut and dry.

        That will not happen at the tial court level.  Discovery will take place with depositions of the people implementing the program, the impact of the program on people's lives and other important facts which show what the law is actually DOING to people.  There may even be a trial (likely a bench trial) over facts in dispute.  Those facts add critical information to people who want a "thorough" examination of its legality.

        When considered purely in its writen form, with no findings of fact made by a lower court on how the law actually operates, it is easier to "slide" the ruling through the State Supreme Court.  THAT is why he is trying like hell to push it through.

        Always be weary of people who don't want a law reviewed too "closely."

        "How can the United States be the Greatest Nation ever if it is the only modern nation where citizens hold bake sales to pay for life saving medical care?" Single payer is coming but how many people will die before it becomes the only solution?

        by 4CasandChlo on Thu Aug 18, 2011 at 01:54:58 PM PDT

        [ Parent ]

    •  Like Bush v. Gore? (1+ / 0-)
      Recommended by:
      Onomastic

      We know how well it worked out in that instance.  IMHO, this is purely a power play by a clearly worried hack who may lose one of his most pernicious tools--oh, wait, he is a pernicious tool!

      A petty criminal is someone with predatory instincts but insufficient capital to form a corporation.

      by stlsophos on Fri Aug 19, 2011 at 04:32:36 AM PDT

      [ Parent ]

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