The 81-Percent Mandate Is Waiting For A Courtroom Pass

Michigan's Proposal 2 passed with 81 percent of the vote. Now the groups behind it want to join the lawsuit defending it, and the organization challenging it says they should send a brief instead. Democracy has reached the part of the evening when someone asks whether your name is on the list.

CBS Detroit reports that the measure would bar campaign contributions by corporations and contractors with more than $250,000 in state contracts. The Mackinac Center argues those restrictions violate free speech. Public utilities have also brought a federal challenge.

The proposal's supporters—including Clean Water Action, Voters Not Politicians and state Representative-elect Joanna Whaley—seek to intervene as defendants. Their lawyer says the measure was designed with constitutionality in mind.

The Mackinac Center's Patrick Wright disputes their standing to join. He says they can submit arguments as friends of the court, but shouldn't receive the powers of parties, such as taking depositions or joining settlement talks.

Friends, yes. Friends with procedural benefits, absolutely not.

That distinction matters. Sending the judge your thoughts is not the same as participating when the case's future gets negotiated. The campaign that helped produce the measure would rather not watch its defense through the glass like a restaurant customer whose order is being discussed by everyone except the person eating it.

Eighty-one percent does not settle a constitutional question. Courts still have to examine the claims. Nor does wanting to intervene automatically establish a legal right to do so.

But it is a remarkable sequel to an overwhelming vote: before reaching the argument about money's voice in politics, we're arguing about the ballot campaign's voice in the argument.

No ruling on those questions is reported. The law is expected to take effect in early December, absent a judicial pause.

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