Appeals Court: House Must Present 9 Lame Duck Bills To Governor

(Source: MIRS.news, Published 10/28/2025) A Michigan Court of Appeals panel ruled Monday the nine bills passed during lame duck must be sent to the Governor’s desk. 

The panel held the House has a constitutional obligation to present the bills, but because the “provision does not indicate a specific time frame, the deadline for presentment may be determined” at the Court of Claims’ discretion. 

“At a time when Republican leaders across the country are breaking the law and getting away with it, this is a particularly meaningful win,” said Senate Majority Leader Winnie Brinks (D-Grand Rapids), who brought the lawsuit against House Speaker Matt Hall (R-Richland Township). 

“No matter how deep our political differences, the Constitution must be followed. Skirting the law is bad enough, but it’s so much worse that they did it in the name of stopping bills that would have helped thousands of their constituents make ends meet,” Brinks added. 

The bills would allow corrections officers to join the state retirement system, help raise money for the Detroit Historical Museum and create new protections for debtors going through bankruptcy. 

Appeals Judge Christopher M. Murray agreed that the Legislature has a “clear constitutional duty to present” the bills to Gov. Gretchen Whitmer. Because the time period to present those bills has passed, he believes “there is no constitutionally available remedy for this particular violation.” 

Brinks filed the lawsuit in February against Hall, alleging he was “illegally blocking” the nine bills – HB 4177, HB 4665, HB 4666, HB 4667, HB 4900, HB 4901, HB 5817, HB 5818 and HB 6058 of 2024 – which were passed by the Senate and returned to the House for presentation to Whitmer. 

Court of Claims Judge Sima Patel ruled the bills should be presented to the Governor, but she did not order Hall to do it. 

Hall, who did not respond to a message seeking comment, has maintained that the current Legislature is not responsible for completing the business of the prior session – a position he maintained after Patel’s ruling. 

Hall previously said it was “unfortunate” that Senate Democrats did not take an interest in presenting the bills during the lame duck session, rather than try to legislate through the courts. 

In the majority’s opinion, Appeals Judge Thomas Cameron noted there is no provision in the constitutional language requiring presentation of the bills that limits the judicial branch’s authority to interpret and enforce the mandate. 

Cameron noted that the “clear legal duty” to present the bills “rests with the Legislature as a whole,” and the Senate has a right to expect that the House will perform that duty because not doing so renders the Senate “unable to perform their duty themselves.” 

Cameron, an appointee of Republican former Gov. Rick Snyder, noted that “as such, the ministerial act of presentment must, by the facts of this case, fall on defendants.” 

Appeals Judge Daniel Korobkin, an appointee of Whitmer, joined Cameron. 

Murray, an appointee of Republican former Gov. John Engler, questioned whether Whitmer has the power to veto or to pocket veto the bills since they were not presented before a new Legislature was sworn in at noon Jan. 8. 

“In the end, the Constitution provides the answer to the question of whether and when presentment must occur,” Murray wrote.  

In a post on X, attorney Mark Brewer, who represents Brinks, called the ruling a “tremendous victory for the rule of law in Michigan” and for his client. 

Michigan’s labor movement also applauded Monday’s ruling, calling it a “declaration  that the rule of law and state Constitution still matter,” according to a statement from Michigan AFL-CIO President Ron Bieber. 

“Three judges, including two Republican appointees, took Speaker Hall to task, ruling that the stalled, pro-worker bills must be presented to the governor,” Bieber added. “Each day of delay causes real harm to working Michiganders. It’s time for Speaker Hall to stop wasting taxpayer dollars, end his war on workers and present these bills to Governor Whitmer for her signature.” 

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