Michigan Supreme Court faces important decisions before end of term

The Michigan Supreme Court term ends on July 31, but which cases will have the biggest impact? In the latest episode of MichMashModerator Cheyna Roth and Zach Gorchow of Gongwer News Service joined Ben Solis of Gongwer News Service to discuss what impact the court’s rulings could have on the legislature.

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In this episode:

• The Michigan Supreme Court’s ruling on the legislature’s “adopt and amend” tactic
• Whether life sentences should be applied to persons under 18 years of age
• Biden’s performance in the debate

The Michigan State Legislature’s controversial “adopt and amend” tactic, in which a ballot proposal is first adopted and then presented to voters, only to be amended during the legislative session, is currently considered constitutional.

In early December, the Michigan Supreme Court heard a case about whether the “adopt-and-amend” tactic violated the state constitution’s people’s initiative clause. Previously, a Republican-dominated legislature had used the tactic to adopt a petition to increase the state’s minimum wage and change it or slow the pace of an increase.

The Michigan Court of Claims dismissed the legislature’s lawsuit, a decision later overturned by the Michigan Court of Appeals.

Solis says that given that the case is currently before the Supreme Court, the question is whether lawmakers can take further action on the issue.

“If the legislature acts as a gatekeeper, it could mean the end of direct democracy in the state,” Solis said of the constitutionality of this legislative tactic. “People are very concerned that this means they no longer have a direct line to make legislative changes like they have before.”

Another issue being discussed in court is the imposition of life sentences on people under 18. The court recently issued orders extending the ban on sentencing people under 18 to life without parole to 19- and 20-year-olds. Solis says there are cases where the mindset of young people is the focus and the development of their brains is taken into account.

“Judge Elizabeth Welch (said) that sentences of this nature do not always take into account mitigating circumstances in juveniles, brain development in late adolescence and new scientific evidence that says juveniles may not fully understand the consequences of these serious crimes at the time they are committed,” Solis said.

Solis said it was difficult to predict which direction the judges would take with their decisions and how they would determine the age of adulthood.

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