AG Nessel Bows Out Of Minimum Wage Lawsuit

Michigan Attorney General Dana Nessel has been asked to return to court, for a second time, in relation to an increase in the minimum wage. According to a release from Attorney General Dana Nessel’s office on Monday, a recent case is challenging the constitutionality of Acts 368 and 369, laws that were passed by the Legislature in September 2018.

Initiative petitions for minimum wage increases were originally slated to be put on the ballot in 2018 as a result of a citizen-initiated petition drive. Legislature jumped ahead by adopting the measures and amending them with a simple majority. In what has been dubbed “adopt and amend,” the procedure was upheld in an opinion by former Attorney General Bill Schuette and was ultimately heard by the Michigan Supreme Court in 2019.

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In the case, the Supreme Court asked the Attorney General to establish a conflict wall and appoint two sets of attorneys from the office to argue both sides of the issue. AG Nessel joined the side of her office that argued the procedure, and that the new laws, were unconstitutional. Ultimately, the Supreme Court declined to issue an advisory opinion.

This current lawsuit would place the constitutionality of Acts 368 and 369 before the courts once again. AG Nessel has been placed as the defendant in the lawsuit, as she inherits the opinion rendered by her predecessor, Schuette. However, Nessel has pointed out that she agrees with the policy arguments set forth by the Complaint and as she’s not a proper defendant, she has filed a motion to dismiss.