Great Lakes Wire

Michigan Attorney General Dana Nessel praised the Michigan Supreme Court's decision in Mothering Justice et al v Nessel and State of Michigan, which invalidated the Michigan Legislature’s 2018 use of the 'adopt-and-amend' tactic to block ballot initiatives. The Court determined that lawmakers cannot circumvent the voter initiative process by adopting a petition measure to prevent it from appearing on the ballot, only to immediately amend it and alter its original intent.

“This is a landmark victory for Michigan voters and a resounding affirmation of the power of direct democracy,” Nessel stated. “The Legislature cannot manipulate its power to undermine the will of the people. This ruling sends a clear message that elected officials cannot disregard the voices of their constituents. I am glad to see the Court recognize and respect that the people reserved for themselves the power of initiative, a crucial tool meant to shape the laws that govern them.”

The case involved initiative petitions aimed at implementing a stepped increase in minimum wage and mandating certain paid sick leave provisions for Michigan employers. These measures were initially set to appear on the ballot in 2018 following a citizen-initiated petition drive. However, the Legislature adopted these measures to remove them from the ballot and then significantly amended them within the same legislative session, effectively eliminating what voters had sought through Public Acts 368 and 369. The amended laws were enacted with a simple majority.

Nessel was named as a defendant in this lawsuit in her official capacity based on an opinion rendered by her predecessor upholding the legality of the ‘adopt-and-amend’ tactic.

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