McCall Hamilton Advocacy and Public Affairs

Updates About Lower Court Rulings

AG Issues Formal Opinion on Legality of Work Projects, Judge Issues Preliminary Injunction

Update: Jan 1-23, 2026

Shortly after the new year, Michigan Attorney General Dana Nessel issued her formal opinion that the mechanism used by the Michigan House Appropriations Committee to eliminate over $644 million in work project funding is unconstitutional. The disapproval mechanism used, MCL.18.1451a(3), can be found in the Management and Budget Act and allows for previously approved funding from the last fiscal year to continue to be used for its direct purpose in the new fiscal year. The funds are approved by the State Budget Director and are known as work projects. According to the law, either the Senate or House Appropriations Committee can then decide to approve or disapprove the work project funding. Historically in Michigan this funding has typically been approved by both chambers.

In her opinion, AG Nessel deemed MCL.18.1451a(3) unconstitutional. She argues that the mechanism violates Separation of Powers because it allows a single legislative committee to effectively have authority over the executive’s law implementation powers. Continuing her argument, she laid out that since the action was not approved by the Senate, and subsequently by the Governor, it violates the Bicameralism and Presentment requirements. Lastly, Nessel concluded that the veto disapproval mechanism is separate from the rest of the statute, so the remaining portions, such as the State Budget Director’s authority, can remain.

Two weeks after the Attorney General’s formal opinion was published, Court of Claims Judge Michael Gadola issued a preliminary injunction that preserves the status quo of the law. This injunction temporarily prohibits state departments from spending any remaining work project funds until the courts have made a final decision on the constitutionality of the House Republican Appropriations Committee’s actions.

Federal Court Decides SNAP Benefits are Protected

Update: Dec 6-31, 2025

The U.S. District Court for the District of Oregon has issued an order extending the grace period for implementing new SNAP benefits distribution rules. This extension prevents the federal government from imposing financial penalties on states and allows SNAP programs to continue operating as the case moves forward. Michigan Attorney General Dana Nessel joined 21 other state attorneys general in the lawsuit back in November.

See related news on the latest SNAP benefits here:

AG DANA NESSEL LEADS DUAL LEGAL FIGHTS OVER FEDERAL SNAP AND HOUSING ROLLBACKS

FEDERAL JUDGE ORDERS PARTIAL SNAP PAYMENTS AMID ONGOING SHUTDOWN

GOVERNOR, MICHIGAN LEGISLATURE SEEK TO PROVIDE SNAP FUNDING

SCOTUS Declines Hearing Challenge to Obergefell

Update: Nov 8-19, 2025

Recently, the United States Supreme Court (SCOTUS) refused to hear Kim Davis v. David Ermold, where Davis had hoped the Court would overturn a lower court’s decision awarding damages to a same sex couple that Davis refused to issue a marriage license to while working as a court clerk. Davis also requested that the Court overturn Obergefell v. Hodges, the Supreme Court case that established marriage equality for same-sex couples.

Among those celebrating the decision was Michigan Attorney General Dana Nessel, who is the state’s first openly LGBTQ+ individual elected to a statewide office. In a statement released shortly after the Court announced they would not be taking on the case, Nessel expressed relief but gave a warning: this is only a battle won, and to secure lasting victory against other efforts to overturn Obergefell, Michigan must change the state Constitution to protect marriage equality.