Michigan Attorney General Bill Schuette wants the state’s highest court to reconsider several key decisions of late last year, including one involving insurance licensing.
Schuette announced his office will file a motion for rehearing with the Michigan Supreme Court of King v. State of Michigan, a case in which the court determined that the Office of Financial and Insurance Regulation could not withdraw an insurance license mistakenly granted to a convicted felon. The attorney general’s office will argue that the agency should be allowed to revoke a license mistakenly issued to an ineligible felon.
OFIR argued that it was simply trying to enforce the insurance code when deciding to later withdraw a license that had been granted to Steven Edward King, a felon. But the courts said the withdrawal action went beyond the OFIR’s statutory authority.
The attorney general is also asking the court to revisit MEA v. Secretary of State, in which it ruled that a public school’s role in the authorization of payroll deduction for political purposes did not violate the Michigan Campaign Finance Act. If the Attorney General’s request for a rehearing is granted, his office will argue that the involvement of the state in the collection of funds for a political action committee is not a proper use of taxpayer resources under the Michigan Campaign Finance Act.
Schuette also will file challenges in Anglers of the AuSable v. Department of Environmental Quality – where the courtruled that any citizen can sue the Michigan Department of Environmental Quality under the Michigan Environmental Protection Act for the issuance of a permit — and Duncan v. Governor and State of Michigan in which the court allowed a challenge to the constitutionality of the Michigan system of appointment of indigent defense to go forward without a valid claim to show plaintiffs have been deprived of their rights. The attorney general’s office will argue that plaintiffs’ claims are more appropriately addressed through the legislative branch.
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