- COURT: Mich. Ct. Cl.
The Democratic-controlled Michigan Senate sued the state House of Representatives on Monday because its Republican speaker refuses to send nine bills passed during the last session—before he took power—to the governor for signing.
Speaker Matt Hall has held back the bills, which were passed by what was then a Democratic-led chamber, from Gov. Gretchen Whitmer (D) for a “legal review” since Jan. 9, according to the Michigan Court of Claims lawsuit and a statement from a Hall spokesman.
Hall doesn’t have the power to withhold bills under the state constitution—which says “every bill passed by the legislature shall be presented to the governor before it becomes law”—and numerous times bills passed by a previous legislature have been presented to the governor after new leadership takes over, the suit says.
Permitting the House to choose to not present bills to Whitmer “would undermine the integrity of the bicameral lawmaking process” and allow “one house and one legislator to veto the work of both houses after a legislative session has ended,” the lawsuit states.
“The right to veto legislation is the sole constitutional prerogative of the Governor and it cannot be usurped by a legislative body or a legislator after a legislative session is over,” it continues.
Bills affected by Hall’s withholding include measures allowing corrections officers, environmental conservation officers, and others to participate in the state police pension plan; changing what income, money, and property are off limits during certain debt collection proceedings; and increasing the amount public employers must contribute to employee health plans.
The state Senate—led by Majority Leader Winnie Brinks, also a plaintiff—asks a judge to force Hall to present the bills, and additionally filed a request for an expedited consideration.
In a summary disposition motion filed with the lawsuit, the state Senate anticipates that its House Republican counterparts will argue the case presents a political question that the courts need not answer. However, it says that “this case presents a dispute over the meaning of the State Constitution and the fact that Defendants have a different interpretation of the Constitution does not ‘counsel against judicial intervention.’”
Hall spokesman Greg Manz said in an emailed statement criticizing Brinks for not advancing certain legislation passed by the House in the current session that Hall’s legal review is over “an entirely unprecedented situation to ensure the House acts constitutionally.”
The state Senate is represented by Goodman Acker PC.
The case is Michigan Senate v. Michigan House of Representatives, Mich. Ct. Cl., No. 25-000014-MB, complaint filed 2/3/25.
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