January 31, 2013
Unconstitutional Right to Work?
No sooner had we posted on constitutionalizing right-to-work laws--and Michigan Governor Rick Snyder's certification to the state supreme court certain questions regarding his state's new right-to-work laws--than the Michigan ACLU filed suit in state court arguing that Michigan's laws are unconstitutional.
The ACLU complaint argues that the process of passing the laws violated the state's Open Meetings Act, the state constitutional right to assemble, and the First Amendment. In particular, the ACLU argues that the legislature closed and locked the Capitol to keep out additional protestors as the lame-duck legislature debated and voted on the bills on a super fast track.
The ACLU's legal arguments are different than the questions that Governor Snyder certified to the state supreme court. Governor Snyder's certification appeared to be designed to short-circuit promised litigation against the laws--on the merits. But the ACLU is now challenging the laws on the process. This suit, if not similarly short-circuited and if successful, could hold up implementation of the law, notwithstanding Governor Snyder's certified questions yesterday.
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