Skip to main content

View Diary: Michigan Emergency Manager Law is Unconstitutional (57 comments)

Comment Preferences

  •  At least one lawsuit has been pending for ... (0+ / 0-)

    ... a considerable time. A four-square challenge to the exercise of allegedly "emergency" government powers is in the public interest. It deserves expedited attention for the benefit of both sides, not a slow-walking through the courts, especially when the government continues to exercise the law and takes over city after city.

    Where does is this litigation lodged? What is its status?

    Obama and strong Democratic majorities in 2012!

    by TRPChicago on Sat Feb 25, 2012 at 04:50:52 AM PST

    •  Going to the MI Supreme Court. (1+ / 0-)
      Recommended by:

      I don't think it's been heard yet, but the case will skip or has skipped intermediate levels of appellate courts.

    •  Last I heard, the state wanted expedited review... (0+ / 0-)

      ... and filed papers urging the Michigan Supreme Court hear the case. That was two months ago. And there this matter sits, waiting, waiting ...

      The plaintiff(s) objected strongly as did many commentators, wanting lower courts to handle this challenge to powers under state law first, developing a full record. Why, even if the Supreme Court (supposedly with a majority appointed by or favoring Republicans) is a place such cases go to die, not be heard?

      So I'm answering my first questions with more questions. Why not get this case argued and decided by the most dispositive court in the state, one way or another, before more damage is done?

      An alternative is for a new plaintiff to make a Federal case out of the next instance when the state disenfranchises voters. Get over into a Federal court and press straightforward questions of constitutional law there. A Federal judge would normally defer while the Michigan Supreme Court decides the case under state law, but since since the first plaintiffs actually opposed a fast and dispositive decision and the MI Supreme Court seems to have no predilection to step up to the case, more of the public's rights are being erased while justice grinds on so slowly.

      True, SCOTUS, too, tends Rightward, but the merits of this case seem obvious. People are being deprived of their right to representation by government fiat, an obvious denial of due process and equal protection under Federal as well as state law. If a bad decision is to be the end game, let's get to it and bring the question back to the people of Michigan with added fervor.

      Obama and strong Democratic majorities in 2012!

      by TRPChicago on Sat Feb 25, 2012 at 05:21:46 AM PST

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site