'Swounds! Michigan Supreme Court Is Unanimous That Emergency Manager Oath Flap is Moot, But Not About Oath Itself

The issue in Davis v. Emergency Manager for Detroit Public Schools (PDF) was whether Roy Roberts, emergency manager for Detroit Public Schools, should be removed from office because, although he was appointed on May 16, 2011, he did not take the oath of office until August 30, 2011. The Court unanimously agreed that because the Governor reappointed Davis on March 30, 2012, the case is moot.  But the Chief Justice and Justice Markman disagreed about whether the emergency manager is a constitutional officer (and thus required to take an oath of office); the Chief is "not convinced," while Justice Markman says that "logic suggests" that he is.