Court of Claims rules in favor of AG Nessel in lawsuit

Michigan
Dana Nessel

(AP Photo/Paul Sancya File)

LANSING, Mich. (WLNS) — A lawsuit against Attorney General Dana Nessel was dismissed today by the Court of Claims, citing that the plaintiffs did not respond to Nessel’s motion in a timely fashion.

In June, Nessel pointed out that she was not the defendant in the case Mothering Justice, et al v Nessel, the case challenged the constitutionality of Acts 368 and 369. The Acts were passed in 2018; concerning initiative petitions to increase minimum wage and provide for the accrual of paid sick leave.

According to a release from the Office of the Attorney General, the petitions were slated to be put on the ballot in 2018, due to it being a citizen-initiated platform drive. Legislature subsequently adopted the measures and amended them with a simple majority.

Former Attorney General Bill Schuette approved the use of the “adopt and amend” procedure. The case then brought to the Michigan Supreme Court in 2019, assigning the Attorney General with creating a conflict wall and appointing two sets of attorneys from the office to argue both sides of the issue.

AG Nessel argued that the “adopt and amend” process was unconstitutional.

I continue to agree that the actions undertaken by the Republican legislature to adopt and then gut the substance of the One Fair Wage and Paid Sick Leave Act were unconstitutional and undermined the will of Michigan residents. Suing the Department of Attorney General does not bring us any closer to resolving this issue. It is my hope Mr. Brewer will take the proper avenue to argue the merits of this case in court.” 

Attorney General Dana Nessel

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