A first-of-its-kind case testing the power of the state’s judicial branch to instruct the Legislature how to conduct business appears to be heading to the Michigan Supreme Court.
Michigan House Republicans say they will appeal a decision that held nine bills adopted last year and being held in the clerk’s office must be sent to Governor Gretchen Whitmer for her to sign or veto.
“We’re going to appeal the decision,” said House Speaker Matt Hall (Richland Township). “We’re going to appeal to the Supreme Court.”
The Michigan Senate, which is controlled by Democrats, is suing the Republican-led House to transmit to the governor nine bills that passed both chambers the previous session. Democrats say the Michigan Constitution requires every bill adopted by both chambers in the same session to go the governor to sign or veto. The
House GOP says the controversy is an internal legislative matter and it cannot be forced to do what the previous Democratic majority failed to do.
A Court of Claims judge ruled with the Senate on principle, but held she had no power to order the House to send the bills to the governor. But an appeals court panel held the judiciary can order the House to follow the Constitution.
The House GOP has not filed its notice of an appeal with the state’s highest court. Senate Democrats declined to comment on an appeal before seeing the GOP court filing.
“We’re curious to see what kind of argument they put forth in appeal to justify it,” said Senate Democratic majority spokesperson Rosie Jones.
Hall did not say when the challenge will be filed with the Supreme Court.
