The Michigan Supreme Court today released an order (PDF) in response to the Governor's request to bypass the trial court on the question of the constitutionality of the Emergency Manager Act. The Court asked that briefs be submitted by December 14 addressing the following questions:
- whether the requirements of MCR 7.305(A) have been met;
- whether the urgency of the request under MCR 7.305(A) is mitigated by MCR 7.302(B)(4)(b), which allows a party to request this Court to bypass review by the Court of Appeals after “a ruling that a provision of . . . a Michigan statute . . . is invalid”;
- whether 2011 PA 4 violates Const 1963, art 3, § 2 (separation of powers), or art 4, § 1 (legislative power), in its authorization of an emergency manager;
- whether 2011 PA 4 violates Const 1963, art 4, § 29 (local or special acts) by permitting an emergency manager to exercise powers of a local governmental unit;
- whether 2011 PA 4 violates Const 1963, art 7, § 22 (charters, resolutions, ordinances, enumeration of powers) by allowing an emergency manager to exercise powers of a local governmental unit;
- whether 2011 PA 4 violates due process rights set forth in Const 1963, art 1, § 17, or violates any right that is retained in Const 1963, art 1, § 23, by allowing an emergency manager to assume the power and authority of a local governmental unit;
- whether 2011 PA 4 violates Const 1963, art 7, §§ 21, 22, and 34 (provisions for local government) by allowing an emergency manager to assume the power and authority of a local governmental unit;
- whether 2011 PA 4 violates Const 1963, art 9, § 29 (Headlee Amendment) by requiring the local government for which the emergency manager is appointed to pay for certain costs associated with the emergency manager.
The Executive Message requesting the bypass remains under consideration.
