Detroit, Emergency Manager Law, Emergency Managers — December 20, 2013 at 2:03 pm

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:

The State essentially argues that even though the plaintiffs in this suit have removed any request for the removal of Kevyn Orr as Detroit’s emergency manager, a successful challenge to P.A. 436 will inevitably lead to that result. However, the Court must conclude that such is not the case. A finding by another court that P.A. 436 is unconstitutional will not automatically result in the removal of Kevyn Orr. Further action would need to be taken, and any such further action is subject to the automatic stay. Accordingly, the motion for reconsideration is denied.

In other words, even if the law were found to be unconstitutional, any attempt to remove Kevyn Orr as Emergency Manager would be stopped by the stay that Judge Rhodes has put in place.

That said, it would be nice to know if over half of the African Americans in Michigan were having their right to choose their local government officals taken away illegally or not.