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ARTICLE · 08 APRIL 2013

Constitutionality Of Detroit's Emergency Manager Challenged

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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The Complaint asserts that Public Act 436 is an unconstitutional encroachment in the due process right of an elected, republic form of government.

United StatesGovernment, Public Sector
William Kannel
William Kannel
Adrienne Walker
Adrienne Walker
Author LinkedIn connections

Constitutionality Of Detroit's Emergency Manager Challenged

Within days of Kevyn Orr's appointment as Detroit's Emergency Manager, a group of elected officials, union representatives, civil rights activist and clergy brought a lawsuit against Gov. Rick Snyder and Treasurer Andy Dillon in federal court, challenging the constitutionality of Public Act 436.  As previously posted, under Public Act 436, an emergency manager (an "EM") has extraordinary powers over the municipality, including the power to break or modify union contracts; however, any plan implemented by an EM may not attempt to modify debt service payments on public debt. 

The Complaint asserts that Public Act 436 is an unconstitutional encroachment in the due process right of an elected, republic form of government.   The plaintiffs also contend that the new law establishes a "new form of government in Michigan" and citizens "will have effectively lost their right to vote", which is in violation of the

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