Michigan House Republicans have asked a judge to block the state from spending $645 million that they want cut from the state budget.
The House GOP caucus filed a lawsuit Friday in the Michigan Court of Claims naming 31 state departments and agencies and their heads and asking a judge to issue a 14-day restraining order that would block them from spending the money. The motion says that would make time for arguments on whether to make that injunction permanent.
The legal action is in response to a formal opinion issued Wednesday by Democratic Attorney General Dana Nessel that struck down an unusual budget action by the GOP-led House Appropriations Committee, which unilaterally cut the funding. Nessel declared the GOP action unconstitutional because spending decisions also require approval from the state Senate and the governor. As a result, that money remains available to use.
House Speaker Matt Hall (R-Richland Township) said the lawsuit is necessary to rein in wasteful and unnecessary spending. The opinion was “purely political and extremely flawed,” he said. “Our lawsuit will stop this Nessel power trip and uphold the law that allows the Legislature to put an end to this nonsense.”
The State Budget Office had advised departments and agencies that the funds are available to spend following the attorney general's formal opinion, which is legally binding on state departments and agencies. The SBO did not have an immediate reaction to the lawsuit or the request to pause the spending.
“The State Budget Office is aware and is currently reviewing the filing,” emailed spokesperson Lauren Leeds.
The opinion on the legality of the House action was requested by the Senate Democrats.
Senate Majority Leader Winnie Brinks (D-Grand Rapids) said the GOP lawsuit is a waste of time and money.
"There's no rhyme or reason to this and all I can do is shake my head. Lansing Republicans are so lost right now,” Brinks said in a statement sent to Michigan Public Radio. “I'm confident that the attorney general's opinion will stand and they will suffer yet another embarrassing loss in court after wasting gobs of taxpayer money."
