DOCSLIB.ORG

United States District Court Western District of Michigan Southern Division

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
United States District Court Western District of Michigan Southern Division Case 1:20-cv-00414-PLM-PJG ECF No. 33 filed 06/05/20 PageID.1603 Page 1 of 13 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MIDWEST INSTITUTE OF HEALTH, PLLC, d/b/a GRAND HEALTH PARTNERS, WELLSTON MEDICAL CENTER, PLLC, PRIMARY HEALTH SERVICES, PC, AND No. 1:20-cv-00414 JEFFERY GULICK, HON. PAUL L. MALONEY Plaintiffs, MAG. PHILLIP J. GREEN v DEFENDANTS WHITMER GRETCHEN WHITMER in her official AND GORDON’S capacity as Governor of the State of BRIEF REGARDING Michigan, DANA NESSEL, in her official CERTIFICATION capacity as Attorney General of the State of Michigan, and ROBERT GORDON, in his official capacity as Director of the Michigan Department of Health and Human Services, Defendants. Amy Elizabeth Murphy (P82369) John G. Fedynsky (P65232) Steven James van Stempvoort (P79828) Christopher M. Allen (P75329) James Richard Peterson (P43102) Joseph T. Froehlich (P71887) Miller Johnson PLC (Grand Rapids) Joshua O. Booth (P53847) Attorneys for Plaintiffs Assistant Attorneys General 45 Ottawa SW, Suite 1100 Attorneys for Defendants Grand Rapids, MI 49503 Whitmer & Gordon 616.831.1700 State Operations Division [email protected] P.O. Box 30754 [email protected] Lansing, MI 48909 [email protected] 517.335.7573 [email protected] Patrick J. Wright (P54052) [email protected] Mackinac Center Legal Foundation [email protected] Co-Counsel for Plaintiffs [email protected] 140 W. Main Street Midland, MI 48640 989.631.0900 [email protected] Case 1:20-cv-00414-PLM-PJG ECF No. 33 filed 06/05/20 PageID.1604 Page 2 of 13 Rebecca Ashley Berels (P81977) Ann Maurine Sherman (P67762) Assistant Attorney General Solicitor General Attorney for Defendant Nessel Attorney for Defendant Nessel Criminal Appellate Division P.O. Box 30212 P.O Box 30217 Lansing, MI 48909 Lansing, MI 48909 517.335.7628 517.335.7650 [email protected] [email protected] / DEFENDANTS WHITMER AND GORDON’S BRIEF REGARDING CERTIFICATION Joseph T. Froehlich (P71887) John Fedynsky (P65232) Christopher M. Allen (P75329) Joshua O. Booth (P53847) Assistant Attorneys General Attorneys for Defendants Whitmer & Gordon State Operations Division P.O. Box 30754 Lansing, MI 48909 517.335.7573 Dated: June 5, 2020 Case 1:20-cv-00414-PLM-PJG ECF No. 33 filed 06/05/20 PageID.1605 Page 3 of 13 CONCISE STATEMENT OF ISSUES PRESENTED 1. Plaintiffs’ state law claims are moot or otherwise non-justiciable and should be dismissed with prejudice. In the alternative, this Court should decline supplemental jurisdiction over the state law claims and dismiss Counts I and II without prejudice. A final alternative is to hold the state law claims in abeyance pending the outcome of several matters already pending in Michigan’s state courts. In any instance, this Court should decline to certify the state law claims to the Michigan Supreme Court. i Case 1:20-cv-00414-PLM-PJG ECF No. 33 filed 06/05/20 PageID.1606 Page 4 of 13 CONTROLLING OR MOST APPROPRIATE AUTHORITY Authority: Western District Local Rule 83.1 ii Case 1:20-cv-00414-PLM-PJG ECF No. 33 filed 06/05/20 PageID.1607 Page 5 of 13 INTRODUCTION This case presents two distinct categories of claims – federal civil rights claims and state law claims of statutory interpretation and state constitutional law. The federal civil rights claims raise constitutional challenges under the United State Constitution and are unambiguously within the federal question jurisdiction of this Court. But the state law claims are of a different breed all together. These questions regard the scope and state constitutionality of two Michigan statutes – the Emergency Powers of the Governor Act, Mich. Comp. Laws § 10.31, et seq. (EPGA), and the Emergency Management Act, Mich. Comp. Laws § 30.401, et seq. (EMA). Identical questions about the scope of the EMA and EPGA are being litigated in Michigan’s state courts, and there is scant Michigan authority interpreting or applying the statutes. Nevertheless, this case is not a good candidate for certification of the issues to the Michigan Supreme Court. In Michigan House and Senate v. Gov. Whitmer, the scope of permissible action under the EMA and EPGA is being litigated, as is whether the EPGA is an impermissible delegation of legislative authority to the Governor. The constitutional delegation question regarding the EPGA is also being litigated in in Michigan United for Liberty v Gov. Whitmer and Ostergren, et. al. v. Governor 1 Case 1:20-cv-00414-PLM-PJG ECF No. 33 filed 06/05/20 PageID.1608 Page 6 of 13 Whitmer, et. al.1 All of these cases are currently pending in the Michigan Court of Appeals. As briefed in Governor Whitmer and Director Gordon’s motion to dismiss, all of Plaintiffs’ claims are moot or otherwise non-justiciable. (R. 24-2, pp. 13-18, Page ID# 1119-24). Alternatively, as briefed in that motion to dismiss, this Court should abstain from and otherwise decline supplemental jurisdiction over Plaintiffs’ state law claims. (R. 24-2, pp. 21-32, Page ID# 1127-38). This Court should dismiss the entire case (including the state law claims in Counts I and II) based on any of these bases rather than certifying issues to the Michigan Supreme Court. It would be inappropriate and a waste of judicial resources to certify questions for claims that are non-justiciable. If the claims are justiciable, the legal issues should be developed in the lower state court prior to consideration by Michigan’s appellate courts. Should this Court reach the merits of the certification question, the factors for certification are not met. While Counts I and II of the complaint present unsettled issues of state law, the state law issues to be certified may not control the outcome of this litigation. Rather than certification, this Court should dismiss the state law claims or, if this Court disagrees that dismissal is warranted, should hold 1 See Michigan United for Liberty v. Governor Whitmer, Michigan Court of Claims Case No. 20-61-MZ, Michigan Court of Appeals No. 353643; Michigan House and Senate v. Gov. Whitmer, Michigan Court of Claims Case No. 20-79-MZ, Michigan Court of Appeals No. 353655, Michigan Supreme Court No. 161377; Ostergren, et. al. v. Governor Whitmer, et. al., Michigan Court of Claims Case No. 20-53-MZ, Michigan Court of Appeals Case No. not assigned yet. 2 Case 1:20-cv-00414-PLM-PJG ECF No. 33 filed 06/05/20 PageID.1609 Page 7 of 13 them in abeyance pending the outcome of several already-pending Michigan state court matters. ARGUMENT I. This Court should dismiss Counts I and II with prejudice as moot or otherwise non-justiciable. In the alternative, this Court should abstain and otherwise decline supplemental jurisdiction over Counts I and II and dismiss those claims without prejudice. In their motion to dismiss, Governor Whitmer and Director Gordon have briefed at length the issues of mootness, abstention, and declination of supplemental jurisdiction. The Governor and Director has also raised other serious questions about the justiciability of Plaintiffs’ claims, including ripeness and standing considerations. (R. 24-2, pp. 12-32, Page ID# 1118-38). Those arguments need not be repeated in full here. Regarding mootness, there is no longer any live controversy underlying Plaintiffs’ challenges to the EMA and the EPGA, and Plaintiffs have no legally cognizable interest in the outcome of the litigation. This Court should not certify a question to the Michigan Supreme Court that is moot or otherwise non-justiciable. Instead, Plaintiffs’ state law claims should be dismissed with prejudice. If this Court is not inclined to dismiss Plaintiffs’ claims as moot (or otherwise not justiciable), this Court should dismiss the state law claims without prejudice, and Plaintiffs would be free to re-file their claims in a Michigan court of proper jurisdiction, where the claims may proceed in due course. This would allow for the legal issues in Plaintiffs’ claims to be developed by a lower court prior to consideration by Michigan’s appellate courts in which these issues are currently 3 Case 1:20-cv-00414-PLM-PJG ECF No. 33 filed 06/05/20 PageID.1610 Page 8 of 13 pending.2 In either instance, this Court should dismiss Counts I and II rather than certifying issues to the Michigan Supreme Court. II. The Court should not certify the state law questions in the complaint to the Michigan Supreme Court. The district court local rules, Western District LR 83.1, provide the standard for certification. That Rule states: LR 83.1 - Certification of Issues to State Courts Upon motion or after a hearing ordered by the judge sua sponte, the court may certify an issue for decision to the highest court of the state whose law governs any issue, claim or defense in the case. An order of certification shall be accompanied by written findings that: (a) the issue certified is an unsettled issue of state law; (b) the issue certified will likely affect the outcome of the federal suit; and (c) certification of the issue will not cause undue delay or prejudice. The order shall also include citation to authority authorizing the state court involved to resolve certified questions. In all such cases, the order of certification shall stay federal proceedings for a fixed time, which shall be subsequently enlarged only upon a showing that such additional time is required to obtain a state court decision. In cases certified to the Michigan Supreme Court, in addition to the findings required by this rule, the court must approve a statement of facts to be transmitted to the Michigan Supreme Court by the parties as an appendix to briefs filed therein.
Load more

Recommended publications
  • 1 in the United States District Court for The
    IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN ELECTION INTEGRITY FUND ) and ) Case No. ___________ ONE NATION MICHIGAN, ) ) Plaintiffs, ) ) Verified Complaint for ) Declaratory and Injunctive Relief v. ) ) GRETCHEN WHITMER, in her official capacity as ) GOVERNOR OF THE STATE OF MICHIGAN, ) ) Defendant. ) ) VERIFIED COMPLAINT FOR IMMEDIATE DECLARATORY AND INJUNCTIVE RELIEF Plaintiffs Election Integrity Fund (“EIF”) and One Nation Michigan (“One Nation”), by and through counsel, for their complaint against Governor Gretchen Whitmer, in her official capacity as Governor of the State of Michigan, state the following: INTRODUCTION 1. On March 10, 2020, Governor Whitmer issued Executive Order 2020-4 which declared a state of emergency in Michigan “to address the COVID-19 pandemic.” In the five months since, the Governor has failed to create adequate breathing space for Michiganders who want to engage in in-person First Amendment speech and association. She has limited indoor gatherings to 10 people regardless of room size and outdoor gatherings to 100, even where masks are worn and citizens socially distance. Most political rallies, debates, and intimate associational meetings are punishable as crimes. In an election year when Citizens are more than ever focused on debating fundamental questions about the nature of our Republic, the Governor’s decrees virtually eliminate retail politics. This necessarily forces most public debate online or over the 1 mass media. This is an inadequate alternative to real, in-person communication because it is expensive and impersonal. It discriminates against grassroots and less well-funded groups who rely on in-person communication, rather than expensive mass media and previously earned name recognition, to motivate their fellow citizens and spread their message.
    [Show full text]
  • Transmission, Mortality and Case Fatality in the United States: Translational Epidemiologic Perspective and Challenges
    International Journal of Environmental Research and Public Health Article Black–White Risk Differentials in COVID-19 (SARS-COV2) Transmission, Mortality and Case Fatality in the United States: Translational Epidemiologic Perspective and Challenges Laurens Holmes Jr. 1,2,3,*, Michael Enwere 1,4,5, Janille Williams 1,4, Benjamin Ogundele 1,4, Prachi Chavan 1,4 , Tatiana Piccoli 1,4, Chinacherem Chinaka 1,4, Camillia Comeaux 1,4, Lavisha Pelaez 1,4 , Osatohamwen Okundaye 1,4, Leslie Stalnaker 1,4, Fanta Kalle 1,6, Keeti Deepika 1,4, Glen Philipcien 7, Maura Poleon 8 , Gbadebo Ogungbade 9 , Hikma Elmi 1,4, Valescia John 1,4 and Kirk W. Dabney 1,3 1 Nemours Children’s Healthcare System, Wilmington, DE 19803, USA; [email protected] (M.E.); [email protected] (J.W.); [email protected] (B.O.); pchavan3@buffalo.edu (P.C.); [email protected] (T.P.); [email protected] (C.C.); [email protected] (C.C.); [email protected] (L.P.); [email protected] (O.O.); [email protected] (L.S.); [email protected] (F.K.); [email protected] (K.D.); [email protected] (H.E.); [email protected] (V.J.); [email protected] (K.W.D.) 2 Biological Sciences Department, University of Delaware, Newark, DE 19716, USA 3 Emergency Department, Thomas Jefferson University, College of population Health, Philadelphia, PA 19107, USA 4 Fellow of Translational Health Disparities Science (FTHDS), Wilmington, DE 19803, USA 5 Public Health Department, Walden University, Minneapolis, MN 55401, USA 6 Edward Via College of Osteopathic Medicine, Auburn, AL 36832, USA 7 Emergency Department, Victoria Hospital, Castries, St.
    [Show full text]
  • Council on Future Mobility & Electrification
    Council on Future Mobility & Electrification 2020 REPORT Contents PART 01 Introduction 05 PART 02 Michigan’s Industry & 07 Non-State Mobility Assets PART 03 Michigan’s State 23 Mobility Assets PART 04 Summary 34 2020 Report Message from the Chairwoman Since the first Model T rolled off an assembly line, Michigan has been the global leader in the mobility sector. Maintaining this leadership is imperative to the continued prosperity of Michigan and its citizens. Recognizing the importance of the future of mobility, Governor Whitmer signed Executive Order 2020-2 creating the Council on Future Mobility & Electrification (CFME) to develop public policy recommendations that will maintain Michigan’s leadership in advanced mobility and electrification. I am proud to serve as the Chair of the CFME as it introduces its first Annual Report. The goal of this report is to assess the state’s ability Susan R. Corbin to successfully navigate the key trends that are defining the future of mobility: autonomous driving, vehicle connectivity, powertrain Acting Director, Michigan electrification, shared mobility, intelligent automation, and global Department of Labor & supply chain. Economic Opportunity This report includes an assessment of Michigan’s mobility resources Chairwoman, Michigan and assets, including the state’s auto manufacturing sector, citizen Council on Future talent pool, university network, testing facilities, infrastructure Mobility & Electrification and multimodal transportation systems, insurance and regulatory systems, and the impact of our public policies. This report also provides an analysis of the future challenges that Michigan must begin to address to remain a global mobility leader. The publication of this report comes at a critical time for the mobility sector and the state.
    [Show full text]
  • Annual Abortion Report 2020
    M D H H S Division for Vital Records and Health Statistics INDUCED ABORTIONS IN MICHIGAN January 1 through December 31, 2020 L, M JUNE 2021 Gretchen Whitmer, Governor Elizabeth Hertel, Director Acknowledgments D V R H S Jeff Duncan, Ph.D. State Registrar V R H D D S Tami Weaver, B.A., Manager A Mei You, M.S., Statistician Lindsey Myers, B.B.A., Da ta Analyst Glenn Radford, M.A., Statistician The Division for Vital Records and Health Statistics gratefully acknowledges the contributions of Holly Peck. Table Of Contents Introduction 1 Trends Table A Number, Ratio & Rate of Reported Induced Abortions Occurring in Michigan, 1982-2020 4 Table B-1 Abortions by Woman's Age, Gest. Age, Procedure, Facility Type & Complications, 1985-2020 5 Table B-2 Abortions by Woman's Age, Marital Status, Previous Pregnancy Outcome, 1985-2020 6 Table C Number, Ratio & Rate of Reported Induced Abortions, United States, 1980-2018 7 Table D Number of Reported Induced Abortions by Age of Woman, Michigan Residents, 1983-2020 8 Table E Rates of Reported Abortions by Age, Michigan Occurrences, 1983-2020 9 Table F Number of Reported Abortions by Selected Characteristics, Michigan Residents, 1980-2020 10 Table G Number, Ratio & Rate of Reported Induced Abortions, Michigan Residents, 1982-2020 11 Table H-1 Abortion Numbers by County of Residence Counties & Detroit City, 2010-2020 12 Table H-2 Abortion Rates by County of Residence & Detroit City 2010-2020 15 Induced Abortions Statistics for Michigan Residents, 2020 Table 1 Abortions by County of Residence 18 Table 2
    [Show full text]
  • Fact Sheet - Revised Election November 2020 in Michigan
    February 24, 2021 FACT SHEET - REVISED ELECTION NOVEMBER 2020 IN MICHIGAN In November 2018, 2020, the League of Women Voters of Michigan, ACLU of Michigan, NAACP Detroit Branch, NAACP MI State Conference, and the Michigan League for Public Policy spearheaded a ballot initiative to add new voting policies to the Michigan Constitution. The voters passed the Promote the Vote ballot proposal, Proposal 18-3, by 68% to 32%.i It passed in 80 of the 83 counties. The new changes took effect immediately and the November 2020 election was the largest election held since the changes were adopted. Please note, if changes in the constitutional amendment were proposed, a majority of MI voters would have to approve them.ii The major changes implemented with passage of Promote the Vote amending the Michigan Constitution and new laws passed by the Michigan Legislature and signed by the Governor include: 1. Protect the right to vote a secret ballot. 2. Ensure military service members and overseas voters get their ballots at least 45 days before the election. 3. Provide voters with the option to vote straight party. 4. Automatically register citizens to vote when interacting with the Secretary of State’s office unless citizen declines. 5. Allow a citizen to register to vote by mail until 15 days before an election, 6. Provide that eligible persons can register to vote in person at a clerk’s office during the final 14 days before the election and on election day. 7. Provide all registered voters access to an absentee ballot for any reason for 40 days prior to the election.
    [Show full text]
  • CAT Coalition Policy, Legislative, and Regulatory Working Group Webinar
    CAT Coalition Policy, Legislative, and Regulatory Working Group Webinar December 14, 2020 Welcome and Agenda Review • Opening Remarks/Roll Call – 5 minutes • Welcome – Paul Ajegba & Jennifer Toth – 5 minutes • FCC Decision on Spectrum Reallocation –15 minutes • Michigan’s Detroit to Ann Arbor CAV Corridor –20 minutes • Update on Problem Statement Submitted to TRB Legal Research Program – 10 minutes • Partner Updates – 15 minutes . AASHTO . ITE . ITS America . FHWA • Other member updates – 5 minutes 2 FCC Decision on Spectrum Reallocation Tim Drake, ITS America Michigan’s Detroit to Ann Arbor CAV Corridor Collin Castle, MDOT Michigan CAV Corridor Project Ultimate vision is to build a dedicated CAV corridor between Detroit and Ann Arbor that improves the safety, connectivity, accessibility and affordability of mobility in SE Michigan. Phase I is a 24 month collaborative piloting, planning, and feasibility exercise with the objective is to test technology and infrastructure, conduct analysis and community outreach, and establish a viable vision for the project The future of roads. NOVEMBER 2020 | HIGHLY CONFIDENTIAL | DO NOT DISTRIBUTE | CAVNUE PROPRIETARY Building the future of roads that are safer, more efficient, and improve transportation access, including dedicated rights of way for Connected Automated Vehicles. HIGHLY CONFIDENTIAL | DO NOT DISTRIBUTE | CAVNUE PROPRIETARY 7 About Cavnue Flagship Project Launched in Michigan Cavnue Launch Michigan Project Announcement Cavnue was officially launched out of stealth mode in "The action
    [Show full text]
  • Council on Future Mobility & Electrification
    Council on Future Mobility & Electrification 2020 REPORT Contents PART 01 Introduction 05 PART 02 Michigan’s Industry & 07 Non-State Mobility Assets PART 03 Michigan’s State 23 Mobility Assets PART 04 Summary 34 2020 Report Message from the Chairwoman Since the first Model T rolled off an assembly line, Michigan has been the global leader in the mobility sector. Maintaining this leadership is imperative to the continued prosperity of Michigan and its citizens. Recognizing the importance of the future of mobility, Governor Whitmer signed Executive Order 2020-2 creating the Council on Future Mobility & Electrification (CFME) to develop public policy recommendations that will maintain Michigan’s leadership in advanced mobility and electrification. I am proud to serve as the Chair of the CFME as it introduces its first Annual Report. The goal of this report is to assess the state’s ability Susan R. Corbin to successfully navigate the key trends that are defining the future of mobility: autonomous driving, vehicle connectivity, powertrain Acting Director, Michigan electrification, shared mobility, intelligent automation, and global Department of Labor & supply chain. Economic Opportunity This report includes an assessment of Michigan’s mobility resources Chairwoman, Michigan and assets, including the state’s auto manufacturing sector, citizen Council on Future talent pool, university network, testing facilities, infrastructure Mobility & Electrification and multimodal transportation systems, insurance and regulatory systems, and the impact of our public policies. This report also provides an analysis of the future challenges that Michigan must begin to address to remain a global mobility leader. The publication of this report comes at a critical time for the mobility sector and the state.
    [Show full text]
  • Racial Disparities in COVID-19 Impacts in Michigan, USA
    FORTHCOMING IN Journal of Racial and Ethnic Health Disparities Racial disparities in COVID-19 impacts in Michigan, USA Kaston D. Anderson-Carpenter · Zachary P. Neal Abstract Racial disparities have been observed in the Introduction impacts of COVID-19 in the United States. In this pa- per, we used a representative sample of adults in Michi- Since the first confirmed case of the novel coronavirus gan to examine differences in COVID-19 impacts on (COVID-19) was reported in the United States on Jan- Blacks and Whites in four domains: direct, perceived, uary 22, 2020, there has been an dramatic increase in political, and behavioral. We found that in the ini- morbidity and mortality rates due to the virus. Multi- tial wave of the outbreak in May 2020, Blacks expe- ple studies of emerging national and local data suggests rienced more severe direct impacts: they were more that communities of color are disparately affected by likely to be diagnosed or know someone who was di- COVID-19, thus exacerbating existing health dispari- agnosed, and more likely to lose their job compared to ties [e.g.,1, 24, 19, 29,2, 28]. In the state of Michigan, Whites. Additionally, Blacks differed significantly from for example, Blacks comprise approximately 14.1% of Whites in their assessment of COVID-19's threat to the population yet make up more than 35% of deaths public health and the economy, the adequacy of govern- as of 5 November 2020 [22]. ment responses to COVID-19, and the appropriateness Although influencing factors of disproportionate of behavioral changes to mitigate COVID-19's spread.
    [Show full text]
  • Fall 2020 Edition
    MICHIGAN POLICE CHIEFSOFFICIAL PUBLICATION OF THE MICHIGAN ASSOCIATION OF CHIEFS OF POLICE FALL 2020 Law Enforcement Code of Ethics As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect the innocent againstPOLICING deception, IN the2020 weak against oppressionSHAPING THE FUTURE or OF intimidationMICHIGAN POLICING and the peaceful against violence or disorder;PLUS: OPINION: ENDING QUALIFIED IMMUNITY and to respect the constitutionalIS BAD PUBLIC rights POLICY of all to liberty, equality, and justice. MMRMA & MACP: Partners in Excellence Providing comprehensive liability & property coverage and superior risk management services to Michigan municipalities since 1980 www.mmrma.org • 800-243-1324 CONTENTSMICHIGAN POLICE CHIEFS FALL 2020.ISSUE 3 FEATURES 10 Ending Qualified Immunity Is Bad Public Policy 12 Financial Scams Targeting Seniors 14 MACP’s New Communication Tool 16 First Responders Children’s Foundation Steps Up to the Plate During COVID-19 22 20 The Truth About De-Escalation 22 Avoiding Counter-Purposeful Early Warning Systems 26 MACP 2020 Award Recipients 32 Resilience: The Virtue that Enables People to Move Through Hardship and Become Better 36 National Officer Safety and Wellness Awards 16 DEPARTMENTS 04 President’s Message 06 Director’s Message 32 08 Accreditation News 38 Member News 44 Supporting Members 46 Advertiser Index 12 PRESIDENT’SMESSAGE These last six months have been unprecedented for law enforcement across the country. It would be an understatement to say that law enforcement has not faced some challenges but as expected, law enforcement leaders and their departments have taken on those challenges and turned them into op- portunities to improve and strengthen our profession.
    [Show full text]
  • City of Ishpeming Master Plan
    City of Ishpeming Marquette County City of Ishpeming Master Plan Prepared By: City of Ishpeming Planning Commission & City of Ishpeming City Council Adopted: March 3, 2010 Table of Contents CHAPTER 1.0 Introduction and Brief Historical Background 1.1 Planning Overview ...................................................................................... 1-1 1.2 Brief Historical Background ........................................................................ 1-1 CHAPTER 2.0 Cultural Heritage and Community Events 2.1 Cultural Heritage ........................................................................................ 2-1 2.2 Famous Ishpeming Residents ..................................................................... 2-1 2.3 Community Events ..................................................................................... 2-4 2.4 State and National Historic Sites ................................................................ 2-7 2.5 Issues and Opportunities ............................................................................ 2-9 CHAPTER 3.0 Population 3.1 Introduction ................................................................................................ 3-1 3.2 Area Population Trends .............................................................................. 3-1 3.3 Population Estimates .................................................................................. 3-5 3.4 Age and Male/Female Compositions ......................................................... 3-8 3.5 Racial Composition ..................................................................................
    [Show full text]
  • Flaws of the Voter Choice Ballot Proposal February 1, 2021
    Flaws of the Voter Choice Ballot Proposal February 1, 2021 Making Every Vote Count (MEVC) is advocating that individual states unilaterally enact laws to award their state’s electoral votes to the national popular vote winner—without the requirement (contained in the National Popular Vote Compact) that a group of states possessing a majority of the electoral votes have all agreed to award their electoral votes to the nationwide winner. Under MEVC’s proposed “Voter Choice Ballot” (VCB), a voter would first cast their vote for President in the usual way, and then vote on the following appealingly worded yes-no question: “Do you want the candidate who receives the most votes in the nation to become the President? If you do, fill in the oval next to YES.” After the voter answers this yes-no question, the voter is given the following explanation: “The state will count the votes for all those who filled in the YES oval as cast for the winner of the national popular vote for the purpose of appointing electors as otherwise provided by this state’s law.” The meaning of the opaque phrase “as otherwise provided by this state’s law” is that the vote that the voter just cast for President will be subtracted from the voter’s preferred candidate and added to the candidate that the voter just voted against—if (1) the voter’s preferred choice is ahead in the voter’s own state, and (2) the opposing candidate is ahead in the national popular vote. The “Voter Choice Ballot” (VCB) has the following major flaws: 1) The yes-no question on the VCB ballot is not an ordinary ballot question that goes into effect upon receiving majority support.
    [Show full text]
  • June 9, 2020 Regular Meeting – 6:30 P.M
    INGHAM COUNTY BOARD OF COMMISSIONERS JUNE 9, 2020 REGULAR MEETING – 6:30 P.M. VIRTUAL MEETING HELD VIA ZOOM AT: HTTPS://ZOOM.US/J/95179917106 MASON, MICHIGAN AGENDA I. CALL TO ORDER II. ROLL CALL III. TIME FOR MEDITATION IV. APPROVAL OF THE MINUTES FROM MAY 26, 2020 V. ADDITIONS TO THE AGENDA VI. PETITIONS AND COMMUNICATIONS 1. RESOLUTION 20-05-145 IN SUPPORT OF THE REQUEST TO RECLASSIFY LIVINGSTON COUNTY 2. A LETTER FROM HANNAH SWEENEY RESIGNING FROM THE INGHAM COUNTY WOMEN’S COMMISSION VII. LIMITED PUBLIC COMMENT VIII. CLARIFICATION/INFORMATION PROVIDED BY COMMITTEE CHAIRS IX. CONSIDERATION OF CONSENT AGENDA X. COMMITTEE REPORTS AND RESOLUTIONS 3. RESOLUTION TO AUTHORIZE THE CONTINUATION OF THE DECLARATION OF THE STATE OF EMERGENCY FOR THE COUNTY OF INGHAM 4. RESOLUTION AUTHORIZING AN AGREEMENT WITH VIDCOM SOLUTIONS FOR ONE CARD ACCESS READER AT THE HUMAN SERVICES BUILDING 5. RESOLUTION TO AUTHORIZE ENTERING INTO A LEASE AGREEMENT WITH ANC HOLDINGS, LLC FOR HEALTH CENTER SPACE AT 1611 E. MICHIGAN AVE, LANSING, MI 6. RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN INGHAM COUNTY AND UNIVERSITY QUALITY INN 7. COUNTY SERVICES COMMITTEE – RESOLUTION DESIGNATING THE MONTH OF JUNE, 2020 AS LGBTQ PRIDE MONTH IN INGHAM COUNTY 8. COUNTY SERVICES COMMITTEE – RESOLUTION TO APPROVE THE SPECIAL AND ROUTINE PERMITS FOR THE INGHAM COUNTY ROAD DEPARTMENT 9. COUNTY SERVICES AND FINANCE COMMITTEES – RESOLUTION PLEDGING FULL FAITH AND CREDIT TO MONTGOMERY DRAIN DRAINAGE DISTRICT BONDS 10. COUNTY SERVICES AND FINANCE COMMITTEES – RESOLUTION TO AUTHORIZE A BUSINESS ASSOCIATE AGREEMENT WITH PLANTE AND MORAN, PLLC RELATIVE TO THE ANNUAL AUDIT 11. COUNTY SERVICES AND FINANCE COMMITTEES – RESOLUTION TO EXPEND BROWNFIELD FUND 240 BOND PROCEEDS FOR ENVIRONMENTAL REMEDIATION & REDEVELOPMENT PURPOSES 12.
    [Show full text]