Michigan Attorney General Dana Nessel issued a formal opinion Wednesday that reverses cuts to the current fiscal year budget that were ordered last month by the GOP-led House Appropriations Committee.
The opinion from the Democratic attorney general said the process used to enact the cuts “amounts to a legislative committee veto” that violates the separation of powers and presentment clauses of the state Constitution. It strikes down a portion of the state’s 1984 Management and Budget Act.
“I issued my formal opinion answering this important question, finding that our state constitution does not permit for one committee within one chamber to hold veto authority over a budget that was passed by both the state House and Senate and then signed into law by the governor,” Nessel said in a video statement released by her office.
State attorney general opinions are considered binding on state departments and agencies. In this instance, it clears the way for the state to continue spending on the programs cut last year by the House Appropriations Committee.
The $645 million in cuts from the current budget include prenatal and newborn programs, museums and symphonies and funds for Flint water crisis recovery.
Senate Democrats asked for the opinion. Majority Leader Winnie Brinks (D-Grand Rapids) said that the unilateral budget cuts by House Republicans were callous and unfair.
“We already knew what Speaker (Matt) Hall and the House Republicans did was spiteful. It was a betrayal of the public trust,” she said. “I think it’s unconscionable and now we have confirmation that it is also unconstitutional.”
House Republican leaders said they plan to file a legal challenge to the opinion and called it a politically motivated action by the Democratic attorney general.
“We are going to sue, because Michigan taxpayers need someone to fight for them and stop this absurd and incorrect interpretation of Michigan law,” said Speaker Hall (R-Richland Township) in a statement released by his office.
In the meantime, the funds are available to be used as intended by state departments and agencies, according to a top legal advisor to Governor Gretchen Whitmer and the State Budget Office. An analysis by Acting Chief Legal Counsel Alexis Blane agreed with the reasoning of the opinion.
“Therefore, all work project funds remain available for expenditure,” she said.
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