Michigan House Republicans want immediate effect powers back

10:02 AM, April 5, 2012

By Dawson Bell

Detroit Free Press Lansing Bureau

LANSING – Republicans in the state House have asked the state Court of Appeals to strike down an injunction issued earlier this week that impaired their authority to give immediate effect to legislation and nullified immediate effect for several recently approved statutes, including one that blocked the unionization of university graduate assistants.
The appeal, filed late Wednesday, asks the court to lift the injunction by Monday, a day before a unionization request by some University of Michigan graduate assistants may be taken up by the Michigan Employment Relations Commission.
Ingham County Circuit Court Judge Clinton Canady III issued the injunction at the behest of House Democrats, who are in the minority in the House and claim their constitutional right to cast roll call votes on immediate effect has been routinely denied by majority Republicans.
In the appeal filed by Attorney General Bill Schuette, Republicans argue that Canady’s order was an impermissible judicial intrusion on legislative authority. The Constitution, long-standing tradition and prior court rulings give the House nearly unfettered discretion to operate by their own rules, according to documents filed with the appeals court.
In a statement released this morning, a spokesman for House Speaker Jase Bolger, R-Marshall, said: “Last week's ruling in Ingham County Circuit Court was an overreach of judicial authority into the day-to-day operations of a co-equal and independent branch of government, which is why we have sought to have it overturned."
“The Speaker believes the attorney general has made a compelling argument to help us right the wrong imposed on the Michigan Legislature and the constituents we represent,” spokesman Ari Adler said.
Over the years, as majority control shifted back and forth, both political parties in the state House have ordered immediate effect for legislation without recording a roll call vote. Because immediate effect requires a two-thirds vote majority the practice has often frustrated efforts by the minority party to slow down legislation they oppose.
But the issue has become intensely acrimonious over the last year as Democrats have tried, largely without success, to derail measures they regard as anti-union.