Appeals court rejects Democratic State Rep's injunction claim arising out of alleged misconduct by Republican House Speaker
Richard Hammel and other State Representatives sued the Speaker of the House after he allowed a vote relating to the employment rights of public employees to be given immediate effect after a voice vote. Hammel argued that the Michigan Constitution requires a recorded vote to give legislation immediate effect. He pointed out that since the measure involved passed by only a 55-53 margin, if transparency was preserved, the measure would very likely be defeated.
The Ingahm County Circuit Court agreed with Hammel and granted an injunction denying the PERA bills immediate effect. The Court of Appeals reversed, holding that the Michigan Constitution does not require the transparency that Hammell alleged and the lower court found.
Needless to say, Michigan's highly political judicial system, currently dominated by highly-political Republican Judges and Justices, is unlikely to step on the toes of Republican legislative bosses.