MOTHERING JUSTICE v. ATTY. GEN.

No. 362271.

5 N.W.3d 54 (2023)

345 Mich. App. 282

MOTHERING JUSTICE, Michigan One Fair Wage, Michigan Time to Care, Restaurant Opportunities Center of Michigan, James Hawk, and Tia Marie Sanders, Plaintiffs-Appellees, v. ATTORNEY GENERAL, Defendant-Appellee, and State of Michigan, Defendant-Appellant.

Court of Appeals of Michigan.

Decided January 26, 2023, 9:05 a.m.


Attorney(s) appearing for the Case

Goodman Acker, PC, Southfield (by Mark Brewer) for Mothering Justice, Michigan One Fair Wage, Michigan Time to Care, Restaurant Opportunities Center of Michigan, James Hawk, and Tia Marie Sanders.

Dana Nessel, Attorney General, Ann M. Sherman, Solicitor General, and Linus Banghart-Linn, Assistant Solicitor General, for the Attorney General.

B. Eric Restuccia, Deputy Solicitor General, Christopher M. Allen, Assistant Solicitor General, and Heather S. Meingast, Assistant Attorney General, for the state of Michigan.

Bursch Law PLLC, Caledonia (by John J. Bursch) and Honigman LLP, Lansing (by Andrea L. Hansen and Douglas E. Mains) for the Michigan House of Representatives and the Michigan Senate, amici curiae.

Dykema Gossett PLLC, Lansing (by Gary P. Gordon, W. Alan Wilk, and Olivia R. C. A. Flower) for the Small Business for a Better Michigan Coalition, amicus curiae.

Warner Norcross + Judd LLP, Grand Rapids (by Gaëtan Gerville-Réache, Ashley Yuill, and Joshua J. Reuter) for the Michigan Manufacturers Association, amicus curiae.

Nickelhoff & Widick, PLLC (by Andrew Nickelhoff), Daniel S. Korobkin, and Sharon Dolente for the American Civil Liberties Union of Michigan, the League of Women Voters of Michigan, the American Association of University Women of Michigan, the National Employment Law Project, and the Michigan State AFL-CIO, amici curiae.

Dickinson Wright PLLC (by Jeffrey V. Stuckey and Phillip J. DeRosier, Detroit) and Angelo I. Amador for the Michigan Restaurant & Lodging Association and the Restaurant Law Center, amici curiae.

Clark Hill PLC, Lansing (by Zachary C. Larsen) for Michigan Agricultural and Forestry Organizations, amici curiae.

Ernst Law Firm, PLC (by Hannah R. Fielstra) for legal scholars in support of plaintiffs, amici curiae.

John C. Philo, Detroit, for the Sugar Law Center for Economic & Social Justice, the Michigan Chapter of the National Lawyers Guild, the Michigan Immigrant Rights Center, Farmworker Legal Services of Michigan, the Center for Community Based Enterprise, the Detroit Action—a Project of Tides Advocacy, Southeast Michigan Jobs with Justice, and the Detroit Justice Center, amici curiae.

Before: M.J. Kelly, P.J., and Murray and Riordan, JJ.


The issue we must decide in this expedited appeal is whether two statutes that were enacted by the Legislature under the initiative process outlined in the state Constitution, 1963 Mich Const, art. 2, § 9, can be amended during the same legislative session in which they were enacted. The Court of Claims held that the Legislature...

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