Legal Aid and Defender Association

Legal Aid and Defender Association

Monday, August 27, 2012

US House Judiciary Committee Democratic Report finds Michigan's Emergency Manager Law Unconstitutional


 
 
The United States House Judiciary Committee Democratic Staff released their report on the legal implications of Michigan’s Emergency Manager Law. The report entitled, “Democracy for Sale: Subverting Voting Rights, Collective Bargaining, and Accountability under Michigan’s Emergency Manager Law”.

The Report represents the first comprehensive legal analysis of the Emergency Managers law since its adoption. Foremost among the Report’s detailed findings is the conclusion, based on expert testimony (including preeminent academic expert Professor Kenneth Klee) and legal precedent that the Emergency Manager law is unconstitutional because it violates the Contracts Clause of the U.S. Constitution. The Report also identifies other serious legal and management issues. The Report contains several recommendations, including amending the law; collaborative actions by local, state and federal authorities; and increased federal oversight of the law.

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