Politics & Government

A double dose of bad news for Republican state Representative Paul Scott this weekend. Secretary of State Ruth Johnson has formally approved a question to recall him for the November ballot. She says a teacher union-backed effort turned in enough valid petition signatures of registered voters to qualify for the ballot.

Update 6:18 p.m.

Here's a copy of the court order.

5:42 p.m.

The U.S. Sixth Circuit Court of Appeals will reconsider a decision to strike down Michigan's ban on race- and gender-based affirmative action in university admissions.

A panel of the court ruled in July that the affirmative action ban violated equal protection rights in the U.S. Constitution.

The new hearing will take place before more than a dozen judges that make up the entire sixth circuit appeals court based in Cincinnati.

Michigan voters approved the amendment to the state constitution in 2006. The amendment was challenged in federal court by several civil rights groups. Oral arguments and a decision in the case are not expected before next year.

Here's an excerpt from a press release from Michigan Attorney General Bill Schuette:

On July 1, 2011, a three judge panel of the U.S. Court of Appeals for the 6th Circuit issued a 2-1 decision that declared Michigan’s constitutional ban on racial preferences in public education unconstitutional on the grounds it allegedly violated the 14th Amendment of the U.S. Constitution.   

Schuette appealed the ruling through a formal request for rehearing en banc with the U.S. Court of Appeals for the 6th Circuit.  A rehearing en banc involves presenting the case to the full court of the 6th Circuit for review.  This process is reserved when new decisions conflict with previous rulings, and for questions of “exceptional importance” (Federal Rules of Appellate Procedure - 35).

MCRI was approved by a 58% majority of Michigan voters in November, 2006.   The day after the measure was approved, several organizations filed suit to invalidate MCRI.  The measure was previously upheld in December 2006 when a separate three judge panel from the 6th Circuit issued a preliminary ruling that unanimously concluded the measure passed Constitutional muster. 

The Michigan Civil Rights Initiative will remain in force pending a final decision by the court.

5:21 p.m.

The U.S. Sixth Circuit Court of Appeals has agreed to reconsider a decision to strike down Michigan's ban on race- and gender-based affirmative action in university admissions.

The Republican leader of the state Senate says he has no interest in making Michigan a right-to-work state.

Senate Majority Leader Randy Richardville says union workers have already made many concessions to help Michigan’s economic outlook.

Update 1:44 p.m.

A federal judge has struck down the Michigan law that bars protests at funerals.

Detroit U.S. District Judge Thomas Ludington says the law violates free speech rights and is too vague too enforce.

Lewis and Jean Lowden challenged the law after they were stopped and removed from a funeral procession by police.

They had signs critical of President George W. Bush taped to their car windows.

They were on their way to the burial of a family friend who died in Iraq.

Dan Korobkin is the American Civil Liberties Union attorney who represented the Lowdens. He says it is still illegal to disrupt a funeral.

"But what’s not against the law is to express your own views on a public street and risk being arrested or penalized for that just because your views don’t accord with the views of other people – either at the funeral or, even in this case, the police officers who were directing traffic," said Korobkin.

The law was passed largely to stop the Westboro Baptist Church from protesting at the funerals of fallen service members. Members of the church show up outside military funerals with signs that say the deaths were caused by America’s tolerance of homosexuality.

10:55 a.m.

This just came in from MPRN's Rick Pluta:

A federal judge has struck down the state law barring protests at military funerals.

The Michigan law was passed in 2006 to keep members of the Westboro Baptist Church from demonstrating at military funerals. More than 40 states passed similar legislation barring the practice, according to the First Amendment Center.

Last March, the U.S. Supreme Court ruled in favor of the Westboro protesters in the "Snyder v. Phelps" case.

Last month, a similar state law in Missouri was found to be unconstitutional by a federal judge.

We'll have more from Rick Pluta later today.

The Associated Press is reporting the Michael Stampfler, Pontiac's emergency manager has resigned. A new manager has been appointed.

From the Associated Press:

Michigan Gov. Rick Snyder has appointed a new emergency manager for the city of Pontiac, which faces a projected $12.5 million deficit.

Well, the week is over, and it’s time for a little quiz. First of all, who said last night: “It’s time to stop the political circus and actually do something to help the economy.“

Not surprisingly, that was President Obama, in his nationally televised speech on jobs. Okay, now, who said this a few minutes later: “We are in a crisis, and cannot afford to waste time on unproductive political posturing and partisan fighting.

“It’s time to make the tough decisions needed to reinvent the United States.” This time, that wasn‘t the president, but our own Republican governor, Rick Snyder. His response to the president’s speech sounded much more cooperative than confrontational.

And that attitude might just contain a tiny sliver of hope. Now, I know that Rick Snyder is not Speaker of the House John Boehner.

Nor does every Michigan Republican think the same.

Last night, President Obama addressed a joint session of Congress calling on the members to pass a bill he plans to submit called the "American Jobs Act."

Governor Rick Snyder offered his thoughts on the speech: