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Who is doing what and why in the RMGN debacle....By Talisman, Section News
For Your Information.
I would offer a even darker motivation for the RMGN petition than those already circulating. While popular legislative pay cuts and other miscellany serve as an obvious loss leader to the masses, and redistricting serves as a justum bellum for unions and partisan democrats, there is a cleverly obscured truth behind the overly comprehensive measure; its underlying purpose is to effect de facto Tort Reform. The Michigan Trial Attorneys and Mark Brewer already know about it, and you may have figured it out. First the alliance; Brewer is obsessed with the Michigan Supreme Court, and Cliff Taylor, and so are most of the would-be Personal Injury lawyers now scrambling to eek out a living, eating scraps off the Bernstein table, or churning "actual attorney fee" lemon law and Fair Debt Collection Practices Act cases. Clearly, Governor Engler's legacy left a solid majority of (former) insurance industry advocates in control of the Supreme Court. This has devastated plaintiff's recoveries in Michigan, and will continue to do so until "something is done". So, since it costs $10 million to (maybe) unseat one justice, and since it takes at least two and maybe three justices to swing the pendulum back toward plaintiffs cases, this proposal is a perfect opportunity for Trial Lawyers use cheaper non-profit campaign dollars to engage citizen initiative "lobbying" to literally eliminate the positions of two opposition justices without spending a dime of hard campaign money, and to spend the hard money on a weakened Cliff Taylor, and achieve de facto tort reform in Michigan. Trial lawyers know that they could never pass substantive pro-plaintiff tort reform in the current rarefied atmosphere of Michigan politics, especially when the Insurers can bring such massive forces to bear to maintain their advantage. Trial Lawyers also know that the "investment" in this proposal would be recouped through attorney fees in just a handful of the doomed cases in the trial and appellate systems right now, not to mention the perfectly meritorious causes of action rotting on the vine as a result of the chilling effect that the Court's dramatic reversals in no-fault and "open and obvious" jurisprudence have caused. More below.
So, since the Democrats are desperate to game redistricting, and the people are in a generally foul mood, the trial attorneys saw they could effect tort reform and no one would ever know it. They support liberals and liberal causes anyway, so who is to prove they are behind this when their financial presence in the campaign is consistent, though larger than usual, in this election cycle. I can't prove it, and offer considered opinions only; all I have is circumstantial evidence which is easily shouted down in the court of public opinion. And when the August 10th filing date rolls around, the people will learn a big fat zero from the Campaign Finance disclosures. Reports will show a series of donations from obscure 501(c)4 corporations, funded in turn by some vague 501(c)3 corporations, who in turn may end up being funded by Trial Lawyers and George Soros (The Great and Powerful OZ). The only chance of detection would be if they get sloppy with the earmarked pass-through donations, but Michigan's feckless campaign finance investigators won't investigate anything important even this would be too little too late. A couple years ago, they even refused to investigate a $103,000 loan made directly and openly from a public body to a campaign committee, used to pay for a media ad campaign for the "Health Source" expansion millage in Saginaw County, just 29 days before the election. The loan was paid back to Health Source the next day after the election, with campaign donations from the two big contractors who then knew the construction contract was a go. The excuse for tax funded political activity? A provision meant to allow the cure of good faith mistakes that says a prohibited contribution is not a contribution at all if it is repaid within 30 days. Consequences? The state claimed impotence. But I digress....
What is my circumstantial evidence in this case? Simply this: If the real purpose of this proposal was, as represented to the union, to put the party in a position to avoid judicial tampering with gerrymandering in 2011, then this purpose was clearly served by removing the recourse of appeal to the Supreme Court. Since one provision the proposal already removed any possibility of redistricting appeals, then why expand the proposal with a second, seemingly redundant provision to "gut the GOP" court. The reason, I suggest, is clear. This is not about public policy, or even an elephant versus a donkey; the real fight between is between insurers and plaintiff's lawyers. All involved are made to look like prostitutes - from the plaintiff's bar, the Democratic party, the union, the insurance industry, former Governor Engler, and especially the jurists who have effected such dramatic and devastating judicial tort reforms of their own, and who are now forced to lay bare their naked self interest to prevent this measure from making the ballot by means of a dangerous new legal theory that will no doubt cost the court significant credibility (a result already calculated by the Brewer cabal). Governor Granholm looks bad too. In order to block a Republican block of the RMGN petition certification, she refused to make a Republican appointment to Board of State Canvassers, as specifically mandated by the constitution, which is necessary to fill the vacancy caused on that board last week when the Republican member of that solemn body, which is responsible for certifying all elections and maintaining the integrity of the electoral system, had to resign due to his ownership interest of Sterling Corp., a major political PR firm heavily vested in the anti-RMGN cause, and many other election campaigns in Michigan. How did he get put on the board in the first place? Finally, consider the two track strategy by Michigan legislators, who are suing RMGN on the novel concept that there is an implied single subject restriction for proposed Amendments to the Michigan Constitution, while simultaneously hatching a Trojan horse plan to use an attractive legislative pay cut as a loss leader for a Ballot Question to repeal or gut term limits. The ambitious Mark Meadows, an officeholder with long experience, should read his own rulebook first. Joint Rules for the Michigan Legislature (Rule 13) states, "The same joint resolution shall not propose an amendment to the Constitution on more than one subject matter." Legislative salary Term Limits repeal are two different subjects. So the 148 guys who make the rules in Lansing would have to break their own rules to log roll this question past the voters, after over 400,000 petition signers put it on the ballot, and 60% of the voters approved it, when Term Limits was enacted in 1993. That won't pass the smell test. This rule is a self-limiting rule, but a legal rule nonetheless. There is no actual single subject restriction in the constitution itself. The litigation against RMGN will be undermined by this inconsistent plotting, which is, by the way, actually an attempt to take advantage of a clear point of Michigan constitutional law. On the one hard this is a log rolling technique to try to offer a popular pay decrease in return for a yes vote to gut term term limits in a Hobson's Choice election, but of course the main urgent concern right now is a contingency to make sure that if RMGN gets on the ballot, a Joint Resolution is put on the ballot that has a provision that conflicts with RMGN petition, and the pay decrease provides that conflict. In Michigan, even if both questions passed by a majority, if two ballot questions have even one minor conflicting provision between them, then the one with the least votes would lose even if both get a majority yes vote. This is where the Meadows strategy breaks down - even it a pay cut ballot question could win a majority vote log rolled with a term limits anchor holding it down, a dubious proposition, there is no way that rational politicians who want to beat RMGN by just one vote (so as to kill it) would ever hang an anchor like term limits on the pay cut proposal precisely because they know they need more than a Majority vote to win - they actually need to get one more vote than RMGN on the assumption that RMGN wins a majority vote too. So if term limits is the main objective, they risk loss to RMGN by including the conflicting provision of the pay cut. Even the now-notorious power point, which laid bare the naked partisan purpose of RMGN to get control of gerrymandering and remove GOP justices from the Supreme Court, explained why the measure did not go after term limits, at panel 26 it says, "Including a term limits repeal or revision could tank the reform proposal.". If killing RMGN is their main objective, they risk loss to RMGN by including the repeal or extension of term limits on themselves, since over 66% of voters still lover term limits. If they want to beat RMGN, then they cannot afford to lose any support, and should tactically use a silver bullet of pay cut alone, without the term limits complication. Done that way, it is a perfect technical kill. Either way, the strategy is flawed because it undermines the claims that RMGN is illegally comprehensive, and demonstrates the scheming bad character of our elected officials. Will they get away with it? That depends on your of definition of "they". One or another "they" will get away with something, but all I really know for sure is that, as usual, "we" probably won't be the winners. We will see millions of tax dollars poured into this heavy handed bitter partisan infighting. I, for one, want my money back!
Who is doing what and why in the RMGN debacle.... | 7 comments (7 topical, 0 hidden)
Who is doing what and why in the RMGN debacle.... | 7 comments (7 topical, 0 hidden)
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