Hammel v. Speaker of the House of Representatives
297 Mich. App. 641
Mich. Ct. App.2012Background
- HB 4246 and HB 4929 amended PERA affecting public employees’ collective-bargaining rights.
- HB 4246 passed with immediate effect by two-thirds vote and was signed and filed March 13, 2012.
- HB 4929 passed with immediate effect after two-house passage and was filed March 16, 2012.
- Plaintiffs moved for a preliminary injunction to enjoin immediate effect on March 27, 2012, alleging a roll-call vote was required.
- Trial court found constitutional violations (art. 4, §§18, 27) and granted a preliminary injunction.
- Appellants’ appeal reversed; the injunction was vacated and case remanded for dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs are likely to prevail on merits regarding a constitutional roll-call requirement. | Plaintiffs contend §27 requires a roll call for immediate effect. | Riordan et al. argue §27 lacks roll-call language and House rules govern procedures. | No; plaintiffs unlikely to prevail on merits. |
| Whether plaintiffs demonstrated irreparable harm from immediate effect. | Irreparable harm to voters’ rights and legislative efficacy. | No irreparable harm; harms are speculative and referendums not impaired. | No irreparable harm shown. |
| Whether the trial court abused its discretion in granting a preliminary injunction. | Injunction needed to protect constitutional rights and transparency. | No abuse; constitutional text interpreted to permit House discretion. | Abuse of discretion; injunction vacated. |
Key Cases Cited
- Straus v Governor, 459 Mich 526 (1999) (limits judicial review of legislative actions; not political oversight)
- Mich Taxpayers United v Governor, 236 Mich App 372 (1999) (journals; conclusive evidence of proceedings; no contrary evidence)
- Adair v Michigan, 486 Mich 468 (2010) (statutory interpretation; purpose and text guidance)
- AFSCME Council 25 v State Employees’ Retirement Sys, 294 Mich App 1 (2011) (four-factor test for preliminary injunction; appellate review)
- Detroit Fire Fighters Ass’n, IAFF Local 344 v Detroit, 482 Mich 18 (2008) (four-part injunction standard; risk of irreparable harm)