Update: Tea-Publican tyranny in Michigan – state Supreme Court orders emergency manager referendum on the ballot

Posted by AzBlueMeanie:

It looks like asking the U.S. Department of Justice to intervene lit a fire under the Michigan Supreme Court. The court in a closely divided 4-3 decision ruled today that the petition drive met the requirements and should be certified for the November election ballot. Supreme Court: Emergency manager repeal must go on November ballot:

The Michigan Supreme ended a dispute over font size today when it ruled in a 4-3 opinion that the proposed repeal of the state’s emergency manager must be placed on the Nov. 6 ballot.

Justice Mary Beth Kelly, a nominee of the Republican Party, wrote the majority opinion. Her opinion strikes down an earlier opinion that found “substantial compliance” with petition details such as the size of the font used on the petition should not keep an otherwise valid voter petition off the ballot. Kelly’s opinion said the petition must fully comply with requirements such as font size, which are spelled out in Michigan law.

But in breaking with her fellow Republican nominees, Chief Justice Robert Young Jr. and Justices Stephen Markman and Brian Zahra, Kelly ruled that the Stand up for Democracy petition did comply fully, because type printed in a 14-point style will produce letters that measure smaller than 14-point.

“It is clear that the point size of all the required text refers to the size of the type and not the individual letters,” Kelly said in writing the majority opinion.

Three justices nominated by the Democrats, Michael Cavanagh, Marilyn Kelly and Diane Hathaway, did not agree with all of Justice Mary Beth Kelly’s reasoning, but voted with her to get the contentious question on the ballot.

The opinion ends a long legal fight and is a victory for opponents of the law toughened by Gov. Rick Snyder and the GOP-controlled Legislature in 2011.

It means the law will be suspended until the election once the question is certified by the State Board of Canvassers. That meeting has not yet been scheduled. The court ordered that it happen forthwith.

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If the question is approved for the November ballot, the emergency manager law will be suspended pending the vote. That creates some uncertainty for cities and school districts already under the control of an emergency manager, as well as for Detroit, which is one step short of an emergency manager under a recent consent agreement with the state.

Benton Harbor, Flint, Ecorse and Pontiac have emergency managers, as do Detroit Public Schools, Highland Park Schools and the Muskegon Heights School District..

Detroit is under a consent agreement after the City Council in April narrowly approved a consent agreement that avoids an emergency manager by creating a powerful Financial Advisory Board with state appointees, among other changes.

The cities of Inkster and River Rouge are also under consent agreements.

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[Supporters] believe an earlier version of the emergency manager act, which was replaced by PA 4, is automatically reinstated when the new law is suspended. They also have argued that actions taken by emergency managers prior to the suspension of the act – such as those affecting wages and working conditions for government employees – would not be rescinded.

Opponents of the law have challenged that view, however, and additional legal conflict over the status of the managers appears likely.

The court ruling is here (pdf) – h/t Maddow Blog.