Michigan House Republicans are appealing a Court of Appeals (COA) decision requiring them to present all legislation that passes both chambers to the governor. In the appeal to the Michigan Supreme Court, they’re stating a lack of standing by the Senate and a separation of powers concern with the COA ruling.
Background:
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- Nine bills passed both the House and Senate at the end of 2024 but weren’t presented to the governor before the end of the previous Speaker of the House’s term. Typically, all legislation passed by both chambers would have been presented before a change in House leadership.
- When Speaker Matt Hall (R-Kalamazoo) assumed his leadership role in January 2025, he declined to present them to Governor Whitmer until a legal review was completed.
- On behalf of the Michigan Senate, Senate Majority Leader Winnie Brinks (D-Grand Rapids) filed a legal challenge in the Michigan Court of Claims.
- The legislation in question deals with health care costs for teachers and first responders and retirement benefits for corrections officers. Additionally, it allows property tax millages for historical museums.
- Earlier this year, the Michigan Court of Claims ruled that the House must present the bills to the governor, but declined to enact a timeframe for which they must comply. They did not follow that ruling.
- In October, the COA agreed with the Court of Claims, finding the Michigan Constitution requires that after a bill passes both chambers, it must be presented to the governor for final consideration.
If the Michigan Supreme Court declines to hear the appeal, the COA’s decision will remain in effect. The Court currently has a 6-1 Democratic majority.
