General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDetroit bankruptcy filing unconstitutional, must be withdrawn
http://www.freep.com/article/20130719/NEWS06/307190075/Judge-says-Detroit-bankruptcy-filing-unconstitutional-must-withdrawnThey did it to slash public employee pensions.
LANSING An Ingham County judge says Thursday's historic Detroit bankruptcy filing violates the Michigan Constitution and state law and must be withdrawn.
Gov. Rick Snyder and Detroit emergency manager Kevyn Orr must take no further actions that threaten to diminish the pension benefits of City of Detroit retirees, Judge Rosemarie Aquilina said today in a spate of orders arising from three separate lawsuits.
I have some very serious concerns because there was this rush to bankruptcy court that didnt have to occur and shouldnt have occurred, Aquilina said.
Plaintiffs shouldnt have been blindsided, and this process shouldnt have been ignored.
MinM
(2,650 posts)Bingo.
hedgehog
(36,286 posts)some kind of special gift when they are actually deferred pay for services rendered. Properly speaking, the pensions should at least be in the same class as any other payments owed to contractors and vendors, if not at the head of that class! Bond holders took a risk, they should be paid next. Bank loans should be paid last!
On edit: I should also add that this legal action originating in an Ingham County Court likely won't stand. The Lansing City Pulse did an excellent piece last year about how the Ingham County Courts have consistently blocked legislation in an attempt to keep the Republican's from running roughshod over the State.
Although given that the higher courts are also controlled by the conservatives .. this ruling will, as in other cases, likely be overturned.
MinM
(2,650 posts)The Ingham County Circuit Court is making its presence known these days by raising legal questions about the laws coming out of the Capitol this session. At least six times in the last seven weeks, the court has temporarily put the breaks on a Snyder-signed law.
Their opinions arent sticking at the appellate level, but the Ingham bench if only for a few days is raising public questions about what the heck Snyder & Friends are doing...
http://www.lansingcitypulse.com/lansing/article-7225-ingham-judges-keep-repubs-on-edge.html
MinM
(2,650 posts)FarCenter
(19,429 posts)The three-judge panel, consisting of Appeals Judges Michael Kelly, Patrick Meter and Stephen Borrello, ruled Tuesday afternoon that the order in three cases involving Detroits pension systems and the temporary restraining order against moving forward with the bankruptcy was halted pending the resolution of the case.
The panels ruling also prohibits Aquilina from having any further proceedings on the matter pending the resolution of the appeal.
Yo_Mama
(8,303 posts)U.S. Bankruptcy Judge Steven Rhodes in Detroit today overruled challenges from public employee groups and pension funds who claimed the state had overreached in seeking court protection from creditors. The eligibility of the city to remain under bankruptcy protection will be determined in federal court in the coming months, not state court, Rhodes said.
Indydem
(2,642 posts)There are approximately 9 BILLION in unfunded pension liabilities on Detroit's books. There is absolutely no way that Detroit can ever hope to pay those pensions with their future tax revenues, their assets, or by borrowing.
How do those debts get paid if they only bankrupt the other 11 billion in debt?
hedgehog
(36,286 posts)Indydem
(2,642 posts)The tax base of Detroit doesn't extend to the homes and businesses in other cities and towns.
Would you just let Detroit tax everything within greater southeast Michigan?
Dreamer Tatum
(10,926 posts)In any case, how are you going to get BILLIONS in new tax revenues?
Jesus.
gollygee
(22,336 posts)I want to see no one get rich off a scheme where people lose their pensions.
etherealtruth
(22,165 posts)nebenaube
(3,496 posts)Basically pull their heads out of their *.
Indydem
(2,642 posts)That is how much each resident of Detroit would have to pay to satisfy the current debt.
Weed and "sustainable communities" are going to make that equation balance?
Dreamer Tatum
(10,926 posts)...I'm going to scream.
In Colorado, they made it legal, and now people are howling over it being taxed at anything > 0.
nebenaube
(3,496 posts)weed is just one way to get a group of people who spend their money... throw week long concerts, sell beer!
leeroysphitz
(10,462 posts)gollygee
(22,336 posts)I see a thread about "what went wrong in Detroit" but a lot of people don't seem to understand this was a shock doctrine thing by Snyder.
Sen. Walter Sobchak
(8,692 posts)Previous Governors failing to act on this failed ungovernable city was not somehow virtuous.
Rex
(65,616 posts)Fire the manager and get someone competent enough to handle the job imo.
djean111
(14,255 posts)his objectives were.
Rex
(65,616 posts)We have no idea what the true agenda is here.
djean111
(14,255 posts)With a little privatizing on the side.
Snyder wants to Romney-ize Detroit.
And doesn't some rich group want to buy Belle Isle and turn it into Belle Isle Commonwealth?
Truly a feast for the vulture capitalists.
MinM
(2,650 posts)This futuristic rendering of Belle Isle is one where it is a commonwealth separate from the U.S. with a unique governing tax system. (Artist's rendering)
Detroit As the broken city thinks big and radically about its future, a developer is stepping forward with a revolutionary idea: Sell the city's Belle Isle park for $1 billion to private investors who will transform it into a free-market utopia.
The 982-acre island would then be developed into a U.S. commonwealth or city-state of 35,000 people with its own laws, customs and currency.
City officials are likely to reject the plan. But on Jan. 21, supporters including Mackinac Center for Public Policy senior economist David Littmann, retired Chrysler President Hal Sperlich and Clark Durant, co-founder of Detroit's Cornerstone Schools, will present the Commonwealth of Belle Isle plan to a select group of movers and shakers at the tony Detroit Athletic Club...
The former chairman of the Michigan Chamber of Commerce and current board member of the free-market-oriented Mackinac Center for Public Policy has written a self-published book about the plan called "Belle Isle: Detroit's Game Changer." A website called commonwealthofbelleisle.com debuts on Jan. 22...
From The Detroit News: http://www.detroitnews.com/article/20130112/BIZ/301120319
djean111
(14,255 posts)I would imagine the developer believes he has a much better chance, now.
How convenient.
former9thward
(32,077 posts)This judge's orders have no legal meaning.
Brother Buzz
(36,463 posts)Inquiring minds want to know
former9thward
(32,077 posts)This action was filed under Chapter 9 of the federal bankruptcy code. Federal law preempts state laws or constitutions if there is a conflict. There is a conflict here so the state loses. It is also why the judge made the totally political move of having her order sent to President Obama. She knows legally it has no meaning.
Crepuscular
(1,057 posts)over and above that, the Judges ruling was based on something that had not yet occurred. Her premise was that the bankruptcy could not proceed, the pension obligations MIGHT be impacted, which would be in breach of the Michigan constitution. The problem with that logic is that you can't issue a court order based on something that may or may not happen, that's not the role of the Judicial system. My guess is that her ruling will be swiftly overturned at the appellate level.
FarCenter
(19,429 posts)Once Detroit city filed the bankruptcy petition, it came under federal jurisdiction and the case cannot be withdrawn, even by Snyder, said Klee, of Klee Tuchin Bogdanoff & Stern LLP in Los Angeles. A federal judge would have to agree to dismiss the case, according to Klee.
Full Confidence
We have full confidence in the legality and constitutionality of the governors and emergency managers actions, Sara Wurfel, Snyders press secretary, said in an e-mailed statement. We are seeking a quick appeal for finality and to ensure efforts can be put into finding a fair resolution for all concerned in a single forum and truly get Detroit on the path to becoming a great city again.
If the governor changes his mind, it doesnt matter, he said. Not only cant she do that, but her order may be in contempt of a federal court, and a federal judge can put her in jail.
http://www.bloomberg.com/news/2013-07-19/michigan-judge-says-detroit-bankruptcy-should-be-withdraw.html
The ball is in Judge Batchelder's court - http://en.wikipedia.org/wiki/Alice_M._Batchelder
zipplewrath
(16,646 posts)If the Michigan constitution didn't give the authority to the state to file this with the federal court, the court could decide that the petition was improperly filed. Alternately, the federal court could recognize the state limitation on pensions and impose that at the federal level, on the basis that the petitioner could only legally file (and therefor have standing) if the pensions were protected.
Unfortunately I don't expect the federal court to do that.
MinM
(2,650 posts)Marcy Wheeler @emptywheel may have put it best...
woo me with science
(32,139 posts)laundry_queen
(8,646 posts)There's an asshole rightwinger that's on CBC (Canadian TV) talking about business news all the time. He was having a great old time yesterday proclaiming this is what unions do to cities and that this means there's going to be a surge of this all over the US and Canada and he cackled with glee that the Unions are DONE because of this. I think he let their plan slip.
NPR News just mentioned other cities watching this as a test case.
Test case .. trial balloon .. canary in the coal mine .. they all apply.
KoKo
(84,711 posts)for the PUSH BACK!
MinM
(2,650 posts)@theMadLiberal: @onetoughnerd [font color="red"]Wow, even from that view you can tell that Emergency Managers subvert democracy[/font].
http://www.democraticunderground.com/101668955