Eleventh Hour Motion to be Filed in EM Challenge
Verdict on EM Laws Legality Draws Near
Published: August 21, 2013
Here’s another point to consider: Bartell says that the underlying issue — whether PA 436 is constitutional — could likely turn out to be a non-issue; or, in her words, “… for what it is worth, I think the pending constitutional challenges to the EM law are not going to prevail.”
University of Michigan Law School prof John Pottow, who’s also a bankruptcy expert, says via email that what Stephens is attempting to do is “not unanticipated. “
Pottow says that Rhodes “clearly” has the power to put the bankruptcy proceedings on ice, but asking Steeh to expedite the two cases he’s presiding over could be “touchier.”
Of course, we aren’t surprised to hear from the governor’s office that there is the utmost certainty in how its plan has been executed. In an email sent to News Hits at press time, Gov. Snyder’s press secretary, Sara Wurfel, affirmed Snyder’s position. “The bottom line is that we have full confidence in the legality and Constitutionality of the governor’s determination and action,” Wurfel says. “Ultimately it was determined this filing was simply the last viable option and was in the best interests of the people of Detroit and our state — to solve the financial crisis, restore services that residents need and deserve, and to grow the city in the future.”
There are matters of law, and then there are matters of judicial “etiquette.” Both Pottow and Wayne State University Law School’s John Mogk, however, are of the opinion that federal bankruptcy law grants Rhodes the authority to assume control of the cases in front of Steeh and rule on them himself.
As for the proper etiquette, don’t go asking us. The original definition of a geek, after all, is a sideshow carnival attraction that bites the heads off live chickens.
News Hits is written by Curt Guyette. Contact the column at 313-202-8004 or NewsHits@metrotimes.com.
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