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Michigan Attorney General's Office Files Brief Arguing Unconstitutionality of Adopt and Amend Process

LANSING – Late Wednesday, the Department of Attorney General filed a brief opposing the constitutionality of the adopt and amend process. The brief, filed by Attorney General Dana Nessel and Solicitor General Fadwa Hammoud, says the process violates the Constitution of the State of Michigan and subverts the will of the People.

Wednesday’s filing said, in part, that adopt and amend is “insulting to the will of the people, as it is a gross manipulation of the process the People intended. This case presents just that sort of question that is so basic and fundamental to the operation of our government that it offers a ‘solemn occasion’ for this Court to uphold the will of the People.”

In April 2019, the Michigan Supreme Court asked the Attorney General to file two separate briefs on the constitutionality of the adopt and amend process, making arguments both for and against it. The brief in support of the process was filed by Deputy Solicitor General Eric Restuccia on May 15. Due to its unique role as the People’s attorney, the Office of Attorney General often acts as a legal advocate on different sides of a given issue while safeguarding the integrity of either side.

The Michigan Supreme Court has set a hearing date of July 17 and asked the Department of Attorney General to present oral arguments on both sides.

Wednesday's filing can be read here. A copy of the filing made by Deputy Solicitor General Restuccia can be found here.