The era of divided government in Michigan that began with the new Legislature in 2025 has brought an impasse over the state budget that threatens a government shutdown, stoked fierce partisan bickering and prompted an ongoing legal battle that landed lawyers for the Democrat-led Michigan Senate and GOP-led Michigan House in a Detroit courtroom Tuesday, Sept. 9.
During oral arguments in front of a three-judge Michigan Court of Appeals panel, lawyers for the two chambers fought over what should happen to a slew of bills passed by the previous Legislature that have yet to land on Gov. Gretchen Whitmer’s desk.
Mark Brewer, a lawyer representing the Michigan Senate, argued that the Michigan House had a clear legal duty to present the nine bills to Whitmer that have been stuck in legislative limbo since Republicans took control of the chamber in January. “They have failed,” Brewer said, referring to state House Republicans.
Kyle Asher, a lawyer representing the Michigan House, argued that the Michigan Senate seeks “unprecedented relief” from the court in asking the Michigan House to carry out what he called the “unfinished business” of a Michigan Legislature that no longer exists. The court doesn’t have the authority to require the House to send the bills to Whitmer, and bills that aren’t presented to the governor during the legislative session when they passed die when the next session begins, Asher argued.
The nine bills at issue would increase public employers’ contributions to employees’ health insurance costs, allow corrections officers to participate in the Michigan State Police retirement system, protect public assistance benefits from debt collection and allow Wayne County — with voters’ approval — to levy a millage to fund history museums in Detroit. The bills passed when Democrats held majorities in both chambers of the Legislature, but were not presented to Whitmer before the start of a new legislative session in January.
A sticking point during the hearing was whether the Michigan Senate’s lawsuit against the House essentially asks the court to create a deadline for presenting bills to the governor that Asher argued doesn’t exist under the Michigan Constitution. Judge Christopher Murray expressed some discomfort with the prospect of directing the Legislature on the timing for presenting bills to the governor. “And that’s the thing that really is hard to swallow,” he said. At other times during the hearing, Murray, along with Judges Thomas Cameron and Daniel Korobkin, pushed back on Asher’s arguments, including Murray dismissing Asher’s assertion that the case involves a legislative dispute when it impacts whether the governor can sign the bills at issue.
Back in January, House Speaker Matt Hall’s, R-Richland Township, team carried out a legal review on the bills. At the time, Whitmer told reporters she expected to have a chance to consider the legislation “shortly.” Instead, the bills have stalled after Hall refused to send the legislation along to the governor, prompting the Michigan Senate to sue the Michigan House in February.
In the same month, a Michigan Court of Claims judge ruled that the nine bills should have gone to Whitmer but stopped short of forcing the Michigan House to take action. Both Hall and Senate Majority Leader Winnie Brinks, D-Grand Rapids, declared victory in the wake of the ruling. Still, Hall said, confusion stemming from the ruling inspired the Michigan House to file an appeal.
Brewer declined to comment following the hearing, referring the Free Press to Senate Majority Leader Winnie Brinks, D-Grand Rapids, spokesperson Rosie Jones who provided a statement from the Democratic leader expressing confidence that the court will find that the bills must head to Whitmer.
“We know that, to Matt Hall, this legal battle isn’t really about the Constitution, because the Constitution couldn’t be clearer. This fight is actually about the Speaker’s inability to accept that he is not kind,” Brinks said. Lawyers for the Michigan House deferred comment after the hearing to Gideon D’Assandro, Director of Communications and Operations for House Republicans. D’Assandro did not immediately respond to a request from the Free Press.
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On the sidewalk outside Cadillac Place where the hearing took place, a coalition of unions gathered to blast Hall’s refusal to send the bills to Whitmer. “Unfortunately, we’re here today because Republican Speaker Matt Hall decided that he alone should try to rewrite Michigan’s Constitution by defying his constitutional obligation to simply transmit bills,” said Michigan AFL-CIO President Ron Bieber.
Bieber said he doesn’t have any concerns that Whitmer might not sign the bills if given the chance to review them. “The governor’s always stood up for working people in this state,” he told the Free Press. Whitmer Press Secretary Stacey LaRouche did not immediately respond to a request for comment on the lawsuit and whether she wants to sign the bills.
Free Press staff writer Arpan Lobo contributed to this article with previous reporting.
Contact Clara Hendrickson: chendrickson@freepress.com or 313-296-5743.
This article originally appeared on Detroit Free Press: Fight over stalled Michigan bills heard by appeals court
