Michigan Attorney General’s Opinion Overrules House Budget Cuts
The political landscape in Michigan has been stirred by a significant decision from Attorney General Dana Nessel. Her formal opinion has nullified budget cuts enacted by the Republican-controlled House Appropriations Committee, sparking a debate over constitutional boundaries.
In her opinion, Nessel criticized the committee’s action, describing it as a “legislative committee veto” that breaches the state’s constitutional clauses on separation of powers and presentment. This decision invalidates a section of the 1984 Management and Budget Act.
“I issued my formal opinion answering this important question, finding that our state constitution does not permit for one committee within one chamber to hold veto authority over a budget that was passed by both the state House and Senate and then signed into law by the governor,” Nessel stated in a video statement.
This opinion, binding on state departments and agencies, reinstates funding for initiatives impacted by the $645 million cuts made last year. Among the affected programs were those supporting prenatal and newborn health, cultural institutions, and Flint water crisis recovery efforts.
Senate Democrats, who sought the opinion, view the cuts as unjust. Majority Leader Winnie Brinks (D-Grand Rapids) remarked to Michigan Public Radio on the nature of the reduction, saying, “We already knew what Speaker (Matt) Hall and the House Republicans did was spiteful. It was a betrayal of the public trust. I think it’s unconscionable and now we have confirmation that it is also unconstitutional.”
House Republicans, however, are preparing to contest Nessel’s opinion legally. Speaker Hall (R-Richland Township) argues the decision is politically driven, stating, “We are going to sue, because Michigan taxpayers need someone to fight for them and stop this absurd and incorrect interpretation of Michigan law.”
While the legal battle looms, the funds are now available for their intended purposes, as confirmed by a top legal advisor to Governor Gretchen Whitmer and the State Budget Office. Acting Chief Legal Counsel Alexis Blane affirmed, “Therefore, all work project funds remain available for expenditure.”
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