Updates About Lower Court Rulings

On July 19, Court of Claims Judge Douglas Shapiro ruled in Mothering Justice vs. Dana Nessel that the Legislature violated the Michigan Constitution when, in 2018, it amended two citizen initiatives. One initiative would raise the minimum wage to $12 per hour over a period of years with an inflation adjustment in place once the maximum was reached. It would also eliminate the lower tipped minimum wage. A separate initiative would allow employees to earn one hour of paid sick leave for every 30 hours worked up to a maximum of 72 hours per year.

Prior to the 2018 election, the Republican-led legislature took up and passed the two ballot proposals, thus preventing them from going before voters. After the election, the Legislature then voted to amend the ballot proposals, effectively limiting the pool of employers subject to the law to those with 50 or more employees and reducing the sick time hours that could be earned.

The judge ruled that nothing in the Michigan Constitution empowers the Legislature to adopt and amend an initiative petition in the same legislative session, and that doing so effectively undermines the ability of voters to decide.

Michigan Attorney General Dana Nessel and other groups like the AFL-CIO praised the order. While several groups from the business community, including the Michigan Chamber of Commerce and the Michigan Restaurant and Lodging Association, warned the ruling could have a crippling effect on employers and employees.

A stay is expected to be filed. Business groups may also choose to appeal.

On Wednesday, July 6, Michigan’s Republican-led Legislature appealed a Michigan Court of Claims temporary injunction, which stopped enforcement of a 1931 law that outlaws abortion under nearly any circumstance.

Following the overturning of Roe vs. Wade, the state courts’ jurisdiction over the constitutional right to an abortion has come into focus for both sides of the debate. The Court of Claims injunction, which came at the request of Planned Parenthood, cited a “substantial likelihood” that the 1931 law violates the due process clause of the Michigan constitution. It was praised by abortion rights groups and elected officials, including Governor Gretchen Whitmer.

The Legislature references the U.S. Supreme Court’s decision Dobbs vs. Jackson Women’s Health to support its argument, and in doing so underscores the importance of the democratic process to find common ground on a polarizing issue.

This case is distinct from another suit filed by Right to Life Michigan and Michigan Catholic Conference. It is also distinct from an executive message filed by Governor Gretchen Whitmer requesting the Michigan Supreme Court immediately resolve the question of whether Michigan’s Constitution protects a woman’s right to an abortion. It is probable that the constitutionality of abortion rights will ultimately make its way to the Michigan Supreme Court.

On June 13, U.S. District Judge Mark Goldsmith denied disqualified GOP gubernatorial candidate Perry Johnson’s efforts to halt the ballot printing process in hopes of gaining a spot on the ballot for the August primary election.

Johnson had claimed in his suit, Johnson v. Board of State Canvassers, that the Bureau of Elections did not follow their normal procedures when identifying fraudulent signatures, and if all fraudulent signatures were compared to the Qualified Voter File, Johnson could prove that there were enough legitimate signatures to keep him on the ballot. Judge Goldsmith sided with the Bureau of Elections, finding their report to be sufficient in identifying fraudulent signatures and petition circulators.

In other related news, disqualified GOP gubernatorial candidate James Craig announced his write-in campaign for the August 2 primary. Craig filed with the Bureau of Elections on Tuesday, June 14, kicking off his campaign.

Craig also recently filed suit against In Field Strategies and eighteen petition circulators in Kent Circuit Court. Craig, et al v. In Field Strategies claims that the fraudulent signatures resulting in Craig’s disqualification from the ballot were unbeknownst to Vanguard Field Strategies and himself, also noting that circulators signed affidavits falsely swearing to collect legitimate signatures. Craig is seeking recovery of damages for breach of contract.