Tag: PA436

THESE AREN’T THE CRIMINALS YOU’RE LOOKING FOR: Michigan Gov. Snyder & AG Schuette arguing that Emergency Managers are not “state officials” in Flint Water Crisis lawsuit

THESE AREN’T THE CRIMINALS YOU’RE LOOKING FOR: Michigan Gov. Snyder & AG Schuette arguing that Emergency Managers are not “state officials” in Flint Water Crisis lawsuit

In what can only be described as a Hail Mary attempt to use the Jedi Mind Trick on three judges on the Michigan Court of Appeals, Attorney General Bill Schuette’s Assistant Attorney General Nathan Gambill is arguing that Emergency Managers appointed by Gov. Rick Snyder are not “state officials”: The Michigan Court of Appeals is weighing legal arguments which may […]

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After hearing today, federal Court of Appeals will decide on the constitutionality of Michigan’s Emergency Manager law

After hearing today, federal Court of Appeals will decide on the constitutionality of Michigan’s Emergency Manager law

Over two years ago, a federal judge swept aside multiple delay tactics by the administration of Gov. Rick Snyder and allowed a lawsuit challenging the constitutionality of Michigan’s Emergency Manager Law to move forward. The wheels of justice turn slowly but they do, indeed, turn and today arguments were heard on the case, Phillips v. Snyder, before the U.S. Court […]

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Constitutionality of Michigan’s anti-democratic Emergency Manager law headed to federal court

Constitutionality of Michigan’s anti-democratic Emergency Manager law headed to federal court

Federal District Court Judge George Caram Steeh has found that a lawsuit challenging Michigan’s anti-democratic Emergency Manager law, Public Act 436, can move forward based on its disparate impact on African Americans in Michigan. The suit alleges that PA 436 is unconstitutional based on nine specific causes: Denial of “substantive due process” by violating the right to vote of Michigan […]

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Democracy denied: Flint Emergency Manager appointing City Council members instead of holding elections

Democracy denied: Flint Emergency Manager appointing City Council members instead of holding elections

Flint Emergency Manager Darnell Earley is using his powers as a state-appointed overseer of the city to appoint two outgoing City Council members rather than permitting a special election as the City’s rules require: Emergency manager Darnell Earley says he will use his power under state law to appoint replacements for two departing City Council members, rather than allowing their […]

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The clock is running out on Michigan’s anti-democratic Emergency Managers

The clock is running out on Michigan’s anti-democratic Emergency Managers

On December 12, 2012, just a few weeks after the General Election, Michigan legislators passed the bill that would become Public Act 436, the latest iteration of Michigan’s anti-democratic Emergency Manager Law. Voters had overturned the previous version of the law in November and Republicans wasted no time in resurrecting it, overturning the will of a majority of voters and […]

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BREAKING: Federal court allows legal challenge to constitutionality of Michigan’s Emergency Manager law to proceed

BREAKING: Federal court allows legal challenge to constitutionality of Michigan’s Emergency Manager law to proceed

Another win for the good guys… The United States District Court for the Eastern District of Michigan today granted a motion to reopen the lawsuit filed by the Sugar Law Center and others against Michigan officials challenging the constitutionality of Public Act 436, Michigan’s undemocratic Emergency Manager Law. From their press release: The Court’s order follows three orders from the […]

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Judge Steven Rhodes: Legal challenge to Michigan’s Emergency Manager law can continue but Detroit EM Kevyn Orr is safe

Judge Steven Rhodes: Legal challenge to Michigan’s Emergency Manager law can continue but Detroit EM Kevyn Orr is safe

Let’s find out if it is, indeed, a legal law Federal bankruptcy judge Steven Rhodes determined today that a lawsuit challenging the constitutionality of Michigan’s anti-democratic Emergency Manager law – Public Act 436 – can move forward. The case is being handled in another federal court. In his ruling (pdf) denying a request to stay the case, Judge Rhodes said: […]

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Kevyn Orr gets down to business in Detroit

Kevyn Orr gets down to business in Detroit

Detroit Rock Bottom Photo by Anne C. Savage, special to Eclectablog Yesterday, Detroit Emergency Manager Kevyn Orr gave a frank State of the City report that showed that the city is “clearly insolvent”. Not a big surprise to anyone except a handful of folks who seem to think it’s all a big mistake and the city is just fine financially. […]

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Eclectablog reporting on the disparate racial impact of Michigan’s Emergency Manager law on The Rachel Maddow Show

Eclectablog reporting on the disparate racial impact of Michigan’s Emergency Manager law on The Rachel Maddow Show

Helping ensure the rest of the country is paying attention

In my seemingly endless coverage of Michigan’s anti-democratic, repealed-and-then-risen-from-the-dead Emergency Manager Law, one post seemed to get more attention than all the others. That was the one a bit over a year ago that showed that, if Detroit and Inkster were put under the control of Emergency Managers, over half of the African Americans in the United States of America with be without locally-elected, democratic government but, rather, would be ruled by a single, state-appointed ruler.

This past week, with Detroit on the precipice of receiving an Emergency Manager due to the failure of its consent agreement with the State of Michigan, I updated the original post to include more recent census data. That post is HERE. On Friday, it was featured on The Rachel Maddow Show.

Video and more after the jump.

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A comprehensive look at Michigan’s new(est) Emergency Manager Law, now with STABILITY & CHOICE!

A comprehensive look at Michigan’s new(est) Emergency Manager Law, now with STABILITY & CHOICE!

I read this stuff so you don’t have to

A mere 37 days after voters repealed Public Act 4, Michigan’s notorious and anti-democratic Emergency Manager Law, Republican legislators passed a new version to replace it. It was signed into law as Public Act 436 thirteen days later. This defiant thumb-in-the-eye to the will of the voters was even more egregious since it contains two appropriations, one to pay Emergency Managers and another to hire consultants, lawyers, “work-out experts”, and others to implement the law. These appropriations ensure voters won’t have a chance to interfere with the business of our Very Serious GOP legislators on this matter again.

So, what, exactly, is in this new law? Well, for starters, let’s have a look at the title:

“THE LOCAL FINANCIAL STABILITY AND CHOICE ACT”

I’m not kidding. That’s what they call it. It’s surprising they didn’t figure out a way to include the words “FREEDOM” and “INDEPENDENCE” while they were at it. You can read the law HERE (pdf).

All the gory details of this new law after the jump.

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