Updates About Lower Court Rulings

On Thursday March 30, a federal judge in Texas ruled to overturn a portion of the Affordable Care Act in Braidwood Management. Inc. v. Becerra. This decision struck down the requirement that makes preventive services and screenings covered by health insurers with no additional cost to the patient. Services like screenings for cancer, heart disease, and high blood pressure could become costly, diminish access to affordable early detection, and put people’s health at risk.

Following this decision, Governor Whitmer directed the Michigan Department of Insurance and Financial Services (DFIS) to protect Michigan families and ensure access to no-cost preventive healthcare services. This decision in Braidwood Management. Inc. v. Becerra is however being appealed by the US Department of Justice.

On Thursday April 6, Governor Whitmer announced that insurers who represent 100% of the fully insured health insurance market will continue to cover no-cost preventive services for Michigan residents.

Following the 2014 Flint Water Crisis, Genesee County Circuit Court Judge David J. Newblatt approved the final Flint water civil settlement on March 21.

The settlement is the biggest civil settlement in Michigan history, totaling approximately $626 million in financial compensation for Michigan’s families, property owners, and businesses who were affected by the Flint water. Out of the $626 million, the state of Michigan will pay $600 million, the City of Flint will pay $20 million, McLaren Regional Medical Center will pay $5 million, and Rowe Professional Services Co. will pay $1.25 million

As children are particularly vulnerable to the effects of lead contamination, a majority of the settlement will be allocated towards those who were minors when first exposed to the contaminated water. During the water crisis nearly a decade ago, most of the claims of minors were from children aged six and younger. Some of the settlement is also to be allocated towards Genesee County special education services and those who experienced property and business damages.

On Monday, November 7th, Wayne Circuit Judge Timothy Kenny dismissed a lawsuit from Kristina Karamo – the GOP Secretary of State candidate – requesting to change Detroit’s absentee voting processes ahead of the November 8 general election.

Judge Kenny wrote in his dissenting opinion that there was insufficient evidence to Karamo’s claims of election law violations in Detroit. The court could not single out one community in the state for a case that “did not provide evidence in any of the 12 alleged election code violations” (Docket No. 22-012759).

The suit, upon its filing, asked the court to require the city only to count absentee ballots submitted in person. However, the plaintiffs tried to change the nature of their wording after the fact. The plaintiffs specifically sought an injunction to require the Detroit clerk’s office to comply with election law by validating signatures on absentee ballots.

Judge Kenny dismissed the lawsuit as moot, claiming that the request for relief in future elections means there is no present claim before the court. He also made it clear that the plaintiff’s complaints were untimely and would potentially disenfranchise tens of thousands of Detroiters in the November 8, 2022, general election.