That may not be possible if they command a majority but not a veto proof majority.
At the same time 2-1 is not complete and overwhelming. Does anyone have any idea what the Michigan Supreme Court is likely to do?
This court is a rat court. The Mi SC is not. They need to get this to them. It should been done months ago. Half Whit is using a WW II law that was superseded thirty years ago.
MISC has more of a conservative bend. This decision was not a surprise and whoever lost was going to appeal regardless.
The vote to decline thenfast-track is instructive.
4-3
That said, it is a Pubbie dominated court and will not likely “legislate from the bench”.
Principles.
It would be a simple act to say! “Although the later act did not close and make null the 1945 law, it can be determined that the timeline certainly intended such.”
Kinda like, “It’s a tax, not a fee.”