Republican Lawmakers Take Michigan Ballot Proposal Challenge to U.S. Supreme Court
In a bold move, a group of Republican lawmakers from Michigan is turning to the U.S. Supreme Court to challenge two voter-approved amendments to the state’s constitution. This initiative represents their final attempt to advance their case without the formal support of a politically split state legislature.
The Republicans have petitioned the Supreme Court to consider their case, arguing that individual state lawmakers should have the right to challenge such amendments without requiring collective legislative action. Currently, the Michigan House is under GOP control, while the Senate is led by Democrats.
Sen. Jim Runestad, who also serves as the Michigan Republican Party chair, stated, “Unless you have an agreement of both chambers of the Legislature, there’s no way to get an answer to this question except by going through individual legislators. The only hope we have of a good clear look at the legality of this is the U.S. Supreme Court.”
This legal challenge targets two ballot proposals ratified by Michigan voters in 2018 and 2022. These proposals aim to ease voter registration, facilitate absentee voting, and promote early voting options. Republican legislators assert that these measures infringe upon the Legislature’s constitutional mandate to determine the “time, place and manner” of federal elections.
Leah Litman, a constitutional law professor at the University of Michigan, has expressed skepticism about the legislators’ standing in this case. She commented, “That injury is to the institution, not to the individual legislators, and for that reason, the institution has to be the one who is the plaintiff because the Legislature, the institution, is the one that is injured,” according to Michigan Public Radio.
The lawsuit lists Governor Gretchen Whitmer, Secretary of State Jocelyn Benson, and Bureau of Elections Director Jonathan Brater in their official roles. Secretary Benson has committed to defending the rights of Michigan voters to amend the state constitution through ballot initiatives.
“Michigan voters have a right to enact laws that reflect their values, and politicians have a duty to stand by the will of the voters,” Benson stated. “The idea that the time, place and manner of federal elections law-making is beyond the right of voters to self-determine is anti-democratic, and already multiple courts have reaffirmed this under law.”
While the U.S. Supreme Court receives a vast number of requests for review, it hears only a small percentage of them each year, turning away most appeals.
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