The Michigan Court of Claims on Thursday refused to compel the state House to forward nine bills bungled during the Democrat-controlled lame duck session, resulting in the legislation never making it to Gov. Gretchen Whitmer’s desk to sign.
Judge Sima Patel declined to issue a permanent injunction or writ of mandamus to force the House to move the legislation, which was left to languish by a lame duck Democratic House majority in December.
“Simply put, all bills passed by the Legislature must be presented to the Governor within time to allow 14 days for the Governor’s review prior to the first date that they could take effect – even those passed during a ‘lame duck’ session in an even year,” Patel ruled. “The procedures through which this takes place is a legislative function in which the Court will not interfere.”
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Senate Democrats sued the Michigan House of Representatives, Speaker Matt Hall, R-Richland Twp., and his clerk earlier this month as House Republicans conducted a legal review of nine bills approved by the Senate during the waning days of the 2024 lame duck session that never moved to Whitmer.
Former House Speaker Joe Tate, D-Detroit, blamed the unprecedented situation on a “proofing and processing” delay.
All nine bills initially passed the House, and were sent to the Senate, where they gained approval during an overnight session that stretched from Dec. 19 to Dec. 20. Tate adjourned the House on the morning of Dec. 19 after all Republicans and Rep. Karen Whitsett, D-Detroit, refused to vote on a slate of Democratic bills they claimed would have hurt Michiganders.
Senate Majority Leader Winnie Brinks, D-Grand Rapids, argued in the lawsuit the Michigan Constitution requires Hall to forward the approved legislation, while Republicans countered the House is under no obligation to finish the work left unresolved by the prior legislature.
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“I’ve been saying since the beginning that the Senate could not sue a Speaker of the House because of a political disagreement and that the Court could not force the House to present bills from a previous session,” Hall said in a statement Thursday.
“For some reason, the Senate decided to sue me anyway. That decision was clearly politically motivated, completely unprecedented, and – as the Court agrees – illegal. That was an embarrassing mistake by the Senate,” he said.
“I also appreciate the judge acknowledging the House is responsible for conducting its own business. We will include the judge’s ruling into our ongoing thorough legal review of this situation.”
Brinks and the labor unions who supported her lawsuit claimed victory with Thursday’s ruling.
“I hope that this serves as a signal to any legislator who attempts to skirt the rules: we will hold you accountable to doing right by the people of Michigan. Let’s now put this to bed and move forward with the work of the people – they’re counting on us,” Brinks said in a statement.
A Brinks spokesperson told the Free Press Thursday’s ruling compels the House to present the bills to Whitmer by March 19. Some are set to take effect in April.
The legislation in limbo includes bills to increase the burden on taxpayers for state employee health care, shift corrections officers to the state police pension system, grant authority to tax downstate residents for museums, and exempt public assistance from debt collections, according to Bridge Michigan.
An unidentified source with knowledge of negotiations on the bills in limbo told The Detroit News Whitmer is “at best lukewarm” on the legislation.
“The Michigan Court of Claims ruling will benefit nearly one million Michiganders and is a reminder that the law still matters, even in Trump’s America,” Ron Bieber, president of the Michigan AFL-CIO, said in a statement. “We thank the Michigan Court of Claims for its decision to support Michigan’s Constitution. Michigan’s labor movement will continue to use every tool at our disposal to fight worker suppression and support Michigan workers – no matter the failures of others to do the same.”