Emergency Manager Law

Dismissing challenges to Michigan’s emergency manager (EM) law, the 6^th U.S. Circuit Court of Appeals on Monday ruled there is no fundamental constitutional right for individuals to vote for local government officials.

Catherine Philips, lead plaintiff in the case of Phillips v. Snyder, charged the EM law for violating the citizen’s right to elect local officials under the Equal Protection clause, the Due Process clause and the constitutional guarantee of a republican form of government. The court responded that the U.S. Supreme Court has held states have absolute discretion in determining how local governments are to be operated, meaning the state can elect and appoint those positions. The court also ruled the emergency manager has a rational basis for existing, and this is the only condition needed to be met to uphold the law.

The court’s decision was unanimous. In response, Senate Minority Leader Jim Ananich (D-Flint) commented that regardless of the decision, the emergency manager law has had disastrous consequences and needs to be changed.

posted by PAA Online , Friday, September 16, 2016 11:14 AM
LINK DIRECTLY TO THIS ARTICLE

This Week's Newsletter

Past Newsletters