Split Decisions In Michigan

On Thursday the Ingham County Circuit Court ruled that the Michigan Board of State Canvassers should not have approved the wording of the Michigan Civil Rights Initiative because it does not make clear that passage of the initiative would alter existing provisions of the state constitution. At present it is not clear what effect this ruling will have on the process of gathering signatures.

On Friday, by contrast, the Wayne County Circuit Court rejected an attempt by supporters of racial preferences to keep the initiative off the ballot. The case was brought by two lawyers, Milton Henry and Godfrey Dillard, who had defended the University of Michigan’s racial preference policies before the Supreme Court.

Judge Susan Borman was obviously annoyed with the plaintiffs, who didn’t help their case by interrupting her.

The court pointed out that the issue was clearly not “ripe” for judicial review since there was no way to know if enough signatures would be obtained to even bring the proposal to the ballot this fall, let alone whether or not the voters would actually approve the amendment.

She noted that issuing such an injunction prospectively based on the potential impact of a law or amendment not yet passed would be completely unprecedented. “You have not cited a single case,” Judge Borman castigated plaintiff/attorney Milton Henry, “where a court anywhere in the United States, at any time in the history of the United States, has ever issued an order like this.”

The more attorney Henry tried to justify his motion, the more incensed the judge grew. “What you asking this court to do,” she thundered, “strikes at the very roots of our democratic process!”

Stay tuned.