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