Michigan Attorney General Dana Nessel praised Wednesday’s Michigan Supreme Court opinion (PDF) in Mothering Justice et al v Nessel and State of Michigan, which struck down the Michigan Legislature’s 2018 use of the ‘adopt-and-amend’ tactic to block ballot initiatives.
The Court ruled that lawmakers cannot sidestep the voter initiative process by adopting a petition measure to prevent it from appearing on the ballot, only to immediately amend it to alter its original intent.
“This is a landmark victory for Michigan voters and a resounding affirmation of the power of direct democracy,” Nessel said. “The Legislature cannot manipulate its power to undermine the will of the people. This ruling sends a clear message that elected officials cannot disregard the voices of their constituents. I am glad to see the Court recognize and respect that the people reserved for themselves the power of initiative, a crucial tool meant to shape the laws that govern them.”
At issue were initiative petitions aimed at implementing a stepped increase in minimum wage and mandating certain paid sick leave provisions for Michigan employers. These measures were originally slated to be put on the ballot in 2018 following a citizen-initiated petition drive.
However, the Legislature adopted the measures to remove them from the ballot and then significantly amended them within the same legislative session to alter and essentially eliminate the proposals sought by the voters, enacting Public Acts 368 and 369. The amended laws were enacted with a simple majority.
Nessel was named as a defendant in this lawsuit in her official capacity based on an opinion rendered by her predecessor upholding the legality of the ‘adopt-and-amend’ tactic.
STATEMENT FROM GROUP ‘PROGRESS MICHIGAN
The Michigan Supreme Court, in a 4-3 decision, declared the Michigan GOP 2018 “adopt and amend” scheme regarding paid sick leave and increasing the state’s minimum wage unconstitutional. Progressive justices upheld the integrity of the democratic process and protected Michiganders from devious partisan politics. Progress Michigan released the following statement, attributed to Sam Inglot, executive director:
“We are elated by the court’s decision. This ruling is a victory for democracy, for preserving the rights of voters, and for hardworking Michiganders who deserve fair wages and the right to paid sick time. It sends a powerful message that the voices of the people cannot be ignored or diluted by Republican political gamesmanship.”
“This decision is a win for the people of Michigan and will be a benefit to the livelihoods of workers across the state. No matter what the lobbyists for corporate interest groups say – this ruling is good for workers and small businesses in Michigan. When workers can take time to recover from illness and receive fair wages, everybody benefits.
“The Michigan Supreme Court made the right decision today and serves as a reminder of how important checks and balances are in our government, especially when it comes to protecting the will of the people in our democracy. ”
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