U.S. court: Michigan Legislature 'ignores' constitution in fast-tracking bills

[Newsjock]

Source: Detroit News

A federal appeals court ruled Friday the Michigan Legislature may have violated the state Constitution when it allowed a now-defunct 2011 state emergency manager law to take immediate effect, calling the procedure used “a farce” and “obvious fiction.”

The 6th Circuit Court of Appeals panel also instructed a lower court to consider whether the Legislature unlawfully passed a replacement emergency manager law after voters tossed out the previous version of the controversial statute in November.

... Peter Henning, a law professor at Wayne State University, said the court’s instruction, which was not directly related to the underlining ruling, could be interpreted as a “signal” that the law Gov. Rick Snyder used to install an emergency manager in Detroit could be challenged in the city’s bankruptcy case.

... Constitutional attorney Richard McLellan, chairman of the Michigan Law Revision Commission, said it’s “very unusual” for the federal court to dictate to a state Legislature how to operate.


Read more: http://www.detroitnews.com/article/20130809/METRO06/308090106/1409/METRO/U-S-court-Michigan-Legislature-ignores-constitution-fast-tracking-bills

[AnotherMcIntosh]

1. “A farce.” “Obvious fiction.” The Sixth Circuit does have a way with words.

[blkmusclmachine]

2. .

.

[msongs]

3. nice words but can the damage be undone? nt

[branford]

4. Unlikely, and nothing prevents the legislature from passing the law again.

I'm also curious if an appeal is planned to SCOTUS.

[on point]

5. There go them activist judges again, applying the law and constitution!

[Spitfire of ATJ]

6. Notice they don't mention the PARTY responsible for this?

[another_liberal]

7. "Very Unusual?"

A great deal of what has gone on in Michigan since Snyder took office has been, "Very Unusual."

[Demeter]

8. The Fight Is Engaged!

Wisconsin may be lost, but Michigan will not go down without a fight!

[navarth]

9. We will fight, but I haven't given up on Wisc. just yet. nt

[Festivito]

10. This new manager should not have the authority to initiate a bankruptcy.

Oh what a tangled web we we weave...
When with lack of transparency the people we deceive.