Thursday, U.S. District Court Judge Paul Borman denied the
Department of State’s motion that Secretary of State Ruth Johnson need not
personally attend Friday’s hearing regarding the legality of the citizenship
checkbox question she has ordered onto ballot applications.
The Department of State filed the emergency motion citing
multiple reasons the Secretary should not have to appear, including the 11th
Amendment to the U.S. Constitution claims regarding state law being addressed
in Federal Court.
Judge Borman also denied a motion filed by attorneys
representing the Department hoping to prevent testimony planned by election
officials from seven local units of government: Ingham, Macomb
and Washtenaw counties, Dearborn , Detroit , Lansing , and Pittsfield Township . Again citing the 11th
Amendment, the motion sought to deny the planned testimony to argue that the
checkbox requirement violates the U.S. Constitution’s 14th
amendment, the equal protection clause, in that it may or may not be included
from community-to-community.