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Criminal Appellate & Post-Conviction Services

"Reform Michigan Government Now" Opinion Finally Released

Yesterday, I reported on the Supreme Court’s opinion in Reform Michigan Government Now v State of Secretary of State. I also noted that the official opinion had not been released. Today, the opinion was finally released. While the decision is 6 to 1 (Justice Kelley dissented), there are numerous different theories in the opinion and there is clearly no majority as to reasoning. The Court of Appeals had held that the proposal was too complex to be summarized in under 100 words (as required by the constitution). Ironically, the day after the Court of Appeals handed down its ruling, the Board of Elections created a 100 word summary which did a nice job of summarizing the ballot initiative.