Tag Archive for Michigan Court of Claims

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The ball is now rolling.

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Multiple media outlets and the Michigan Republican Party have reported that a lawsuit has been filed in the Michigan Court challenging Gov. Witless’ authority to crank out an endless litany of Executive Orders relating to the Wuhan virus.

They have asked for an expedited ruling in this matter.

Two quick points:

First, it was filed in the Michigan Court of Claims. Their track record in this area, Judge Murray’s legal rationale especially, is questionable at best and laughable at worst. Martinko, et al vs. Whitmer is a perfect example of my skepticism.

I DO NOT see them ruling favorably in this case. It will most likely be going to the Michigan Supreme Court.

Second, this is only going to address PA 302 of 1945, it does not address anything else.

We already have an AG shooting off “opinions” on the legality of a rogue governor’s actions. While it is doubtful that they will be upheld, AG Nessel’s actions do throw a monkey wrench into the works of bringing Michigan back.

FYI, I’m speaking to a few people regarding a second front to dealing with PA 302…more to follow.

Another “lost decade” is not out of the realm of possibility if the governor’s actions are not remedied in time.

Stay tuned.

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Conservative News, Cronyism, Democrats, Detroit, Government Incompetence, Michigan, Michigan Politics, Part Time Legislature, Republicans, Taxes

Catch-22

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Bleakley Image aMichael J Talbot ImageAttorney Thomas H. Bleakley (P23892) has to be feeling a lot like Captain John Yossarian, the harried protagonist of Joseph Heller’s great satirical novel Catch-22. Chief Judge Michael J. Talbot of the Michigan Court of Claims dismissed Attorney Bleakley’s Helen Moore et al v. Rick Snyder [16-000153-MM] lawsuit challenging the constitutionality of the Legislature’s passage of the DPS bail out on August 4th, in an order published on August 8th.

The Michigan Court of Claims was moved from the Ingham County Circuit Court to the Michigan Court of Appeals by PA 164 of 2013 to:

MCL 600.6419 Court of claims; exclusive jurisdiction; exceptions; claims less than $1,000.00; powers and jurisdiction; counterclaims; res judicata; setoff, recoupment, or cross declaration; writs of execution or garnishment; judgment as final; no jurisdiction of claim for compensation under MCL 418.101 to 418.941 and MCL 419.101 to 419.104; jurisdiction of circuit court over certain actions and proceedings; “the state or any of its departments or officers” defined.

Section 6419(1)

(a) To hear and determine any claim or demand, statutory or constitutional, liquidated or unliquidated, ex contractu or ex delicto, or any demand for monetary, equitable, or declaratory relief or any demand for an extraordinary writ against the state or any of its departments or officers notwithstanding another law that confers jurisdiction of the case in the circuit court.

But, according to Judge Talbot, not the constitutional claims pleaded in Helen Moore et al v. Rick Snyder

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