Michigan Supreme Court Ponders Privacy Limits for Drones

The Michigan Supreme Court heard arguments Wednesday about whether the government can use drones to surveil private property without a warrant and use that evidence in court for zoning disputes.

For two years, Long Lake Township zoning officials flew a drone over Todd and Heather Maxon’s property in northern Michigan near Traverse City, taking photographs and videos as part of a zoning dispute that he was running an illegal junkyard.

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Michigan Supreme Court Approves Rule Requiring Judges to Use Preferred Pronouns

The Michigan Supreme Court approved a new rule Wednesday requiring justices to use preferred pronouns or “other respectful means” to address attorneys.

The first-of-its-kind state court rule, which faced pushback prior to its approval, is now scheduled to take effect Jan. 1. In his dissent, Michigan Supreme Court Justice David Viviano warned the decision to “dabble in politics” would cause the court to “forfeit legitimacy with large portions of the public,” noting that addressing such topics is “sadly consistent with this Court’s recent practice.”

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Michigan Supreme Court to Hear COVID Tuition Refund Case

The Michigan Supreme Court has announced the cases they will hear in their new session beginning in October. One of those cases is a lawsuit that was filed by students against Lake Superior State University, Central Michigan University and Eastern Michigan. In their lawsuit, they seek reimbursement for tuition, room and board and fees paid for classes during the beginning of the COVID-19 pandemic. The students feel the colleges breached their agreements by failing to provide live and in-person instruction.

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Michigan Supreme Court to Decide Limits of Warrantless Drone Surveillance

The Michigan Supreme Court agreed to decide whether the government can use drones to surveil private property without a warrant and then use that evidence in court for zoning violations. 

For two years, Long Lake Township zoning officials flew a drone over Todd and Heather Maxon’s property in northern Michigan, taking photographs and videos as part of a zoning dispute.

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Whitmer Appoints Kyra Bolden to Michigan Supreme Court

Gov. Gretchen Whitmer said she will appoint Kyra Harris Bolden to fill a seat on the Michigan Supreme Court, making her the first Black woman to serve on the state’s high court.

Justice Bridget McCormack resigned this year, leaving an open seat. Bolden, a current state Representative, was a Democratic pick for a seat on the Michigan Supreme Court during the Nov. 8 election but lost.

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Michigan Supreme Court Could Decide Warrantless Government Drone Spying Lawsuit

An appeal filed with the Michigan Supreme Court says the government must get a warrant before it can surveil private property for evidence.

The Institute for Justice, a public interest law firm, says the government violated the Fourth Amendment when it used warrantless drone surveillance to snap pictures of Todd Maxon’s 5-acre property in Long Lake Township where he repairs cars, as proof of zoning violations.

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Flint Water Crisis Trial Could Cost Taxpayers $90 Million

The taxpayer cost of the 2014 Flint water crisis litigation might grow to as much as $90 million after the Michigan Supreme Court rejected Attorney General Dana Nessel’s appeal of a decision that she must use a “taint team” to separate legal documents.

The court said justices were “not persuaded that the question presented should be reviewed by this Court.”

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Michigan Can Vote on Whether to Make Abortion a Constitutional Right, Court Rules

The Michigan State Supreme Court Thursday ordered a proposed amendment enshrining abortion as state constitutional right to be certified for voters’ November ballots.

With a 5-2 majority, the court said a petition to place the proposed amendment on ballots had undisputedly received enough signatures, deciding that the amendment’s words were spaced properly for certification. In July, Planned Parenthood Advocates of Michigan (PPAM) said over 753,000 signatures were collected by Reproductive Freedom for All campaign supporters, MLive reported.

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Michigan Gov. Whitmer Asks State Supreme Court to Strike Abortion Ban

Gov. Gretchen Whitmer filed a lawsuit asking the Michigan Supreme Court to recognize a right to abortion under the Due Process Clause of the Michigan Constitution.

The request follows a U.S. Supreme Court May decision to hear Mississippi’s appeal of a 2019 decision, Dobbs v. Jackson Women’s Health Organization. In that decision, the U.S. Court of Appeals for the Fifth Circuit upheld a previous decision by the U.S. District Court for the Southern District of Mississippi, overturning a state law prohibiting abortions after the 15th week of pregnancy.

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Michigan Supreme Court Rules Redistricting Committee Must Release Documents from Closed-Door Meeting

The Michigan Supreme Court on Monday ruled that the state’s Independent Citizens Redistricting Commission must release documents and recordings related to a closed-door meeting the group conducted earlier this year.

According to the 4-3 ruling written by Justice David Viviano, the commission’s decision to hold a secret meeting violated the state Constitution. The Michigan Constitution states the “commission shall conduct all of its business at open meetings.”

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Michigan Redistricting Lawsuit Oral Arguments Scheduled for Wednesday

The Michigan Supreme Court has scheduled oral arguments in a lawsuit between three news agencies and the Michigan Independent Citizen’s Redistricting Commission (MICRC). Arguments will be held Dec. 15 at 9:30 a.m.

The lawsuit follows an Oct. 27 MICRC closed-door meeting to discuss two legal memos despite a Constitutional mandate the committee “shall conduct all of its business at open meetings.”

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Three Newspapers Sue Michigan Redistricting Committee over Hidden Memos

Several newspapers sued the Michigan Independent Citizen’s Redistricting Committee (MICRC), alleging the MICRC violated the state’s Constitution by hiding two memos from the public.

The Detroit News, Bridge Magazine, and the Detroit Free Press filed the suit in the Michigan Supreme Court on Tuesday. The plaintiffs seek to obtain two memos discussed in an Oct. 27 closed-door meeting.

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Michigan SOS Benson Asks Top Court to Push Back Redistricting Committee Deadline

Secretary of State Jocelyn Benson has filed suit with the Michigan Supreme Court to ensure the public has time to provide feedback on the new voting district maps that will be drawn by the Michigan Independent Citizens Redistricting Commission (MICRC). 

The suit describes the current constitutional deadline as unrealistic since it requires the commission to make maps available for 45 days of public comment starting on Sept. 17, even though the U.S. Census Bureaus won’t have official data until Sept. 30. The U.S. Census Bureau cited the COVID-19 pandemic as the reason for the delay.

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Poll: Majority of Michigan Voters Favor Ballot Proposal to Restrict Governor’s Emergency Powers

Gov. Whitmer

A poll released Tuesday by Michigan Rising Action (MRA), a Lansing-based organization dedicated to advancing conservative principles, asserts Michigan strongly supports a ballot proposal to limit the use of gubernatorial emergency powers.

MRA commissioned the poll from Marketing Resource Group, which conducted research between March 15-18, and skews +4 Democrat.

A majority of the 610 likely voters polled within each age group supported restricting the governor’s unilateral use of emergency powers.

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Amistad Project Asks Michigan Supreme Court to Preserve Evidence of Election Irregularities

The Amistad Project of the Thomas More Society said it filed a lawsuit on Thanksgiving asking the Michigan Supreme Court to physically secure all evidence of irregularities in the 2020 election and declare the results invalid on the basis of alleged unlawful conduct by state and local officials.

“In numerous instances, state and local officials brazenly violated election laws in order to advance a partisan political agenda,” said Phill Kline, Director of The Amistad Project. “The pattern of lawlessness was so pervasive and widespread that it deprived the people of Michigan of a free and fair election, throwing the integrity of the entire process into question.”

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Attorneys Appeal Detroit Election Fraud Lawsuit to Michigan Supreme Court, Hours Before Vote Certification

After the Michigan Court of Claims on Monday rejected an emergency motion to stop certification of votes in Wayne County, the challengers on Tuesday appealed their case to the Michigan Supreme Court.

Time is of the essence. The Wayne County Board of Canvassers meets at 3 p.m. Tuesday to vote on certifying election results.

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Trump, Whitmer Spar on Twitter Over Michigan Supreme Court Ruling

President Trump on Wednesday praised the Michigan Supreme Court’s ruling overturning Gov. Gretchen Whitmer’s emergency powers, calling it a “big win” for the state.

The Michigan Supreme Court on Friday struck down Whitmer’s emergency ruling, saying the governor had issued her numerous executive orders pertaining to coronavirus restrictions unconstitutionally, rendering them null.

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