SENATOR JONATHAN LINDSEY; SENATOR JAMES RUNESTAD; REPRESENTATIVE JAMES R. DESANA; REPRESENTATIVE RACHELLE SMIT; REPRESENTATIVE STEVE CARRA; REPRESENTATIVE JOSEPH FOX; REPRESENTATIVE MATT MADDOCK; REPRESENTATIVE ANGELA RIGAS; REPRESENTATIVE JOSH SCHRIVER; REPRESENTATIVE NEIL FRISKE; REPRESENTATIVE BRAD PAQUETTE v. GRETCHEN WHITMER, in her official capacity as Governor of Michigan; JOCELYN BENSON, in her official capacity as Michigan Secretary of State; JONATHAN BRATER, in his official capacity as Director of Elections - Articles

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SENATOR JONATHAN LINDSEY; SENATOR JAMES RUNESTAD; REPRESENTATIVE JAMES R. DESANA; REPRESENTATIVE RACHELLE SMIT; REPRESENTATIVE STEVE CARRA; REPRESENTATIVE JOSEPH FOX; REPRESENTATIVE MATT MADDOCK; REPRESENTATIVE ANGELA RIGAS; REPRESENTATIVE JOSH SCHRIVER; REPRESENTATIVE NEIL FRISKE; REPRESENTATIVE BRAD PAQUETTE v. GRETCHEN WHITMER, in her official capacity as Governor of Michigan; JOCELYN BENSON, in her official capacity as Michigan Secretary of State; JONATHAN BRATER, in his official capacity as Director of Elections

Posted by: Azya Thornton on Dec 20, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Erick G. Kaardal, MOHRMAN, KAARDAL & ERICKSON, P.A., Minneapolis, Minnesota, for Appellants.

Attorneys 2: ARGUED: Heather S. Meingast, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees.

Attorneys 3: ON BRIEF: Erick G. Kaardal, Elizabeth A. Nielsen, MOHRMAN, KAARDAL & ERICKSON, P.A., Minneapolis, Minnesota, for Appellants.

Attorneys 4: ON BRIEF: Heather S. Meingast, Erik A. Grill, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees.

Judge(s): SUTTON, Chief Judge; BUSH and MURPHY, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Western District of Michigan at Grand Rapids

SUTTON, Chief Judge. In Michigan, as in seventeen other States, citizens may use ballot initiatives to amend the State’s Constitution. Two Michigan state senators and nine state representatives argue that, if citizens use the initiative to regulate federal elections, that process violates the Elections Clause of the U.S. Constitution. Because they lack standing to bring the lawsuit, we affirm the district court’s dismissal under Civil Rule 12(b)(1). We affirm.

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