Citizens for Legislative Choice v. Miller

993 F. Supp. 1041, 1998 U.S. Dist. LEXIS 1264, 1998 WL 47154
CourtDistrict Court, E.D. Michigan
DecidedFebruary 5, 1998
Docket2:97-cv-73777
StatusPublished
Cited by4 cases

This text of 993 F. Supp. 1041 (Citizens for Legislative Choice v. Miller) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Citizens for Legislative Choice v. Miller, 993 F. Supp. 1041, 1998 U.S. Dist. LEXIS 1264, 1998 WL 47154 (E.D. Mich. 1998).

Opinion

OPINION

DUGGAN, District Judge.

This action concerns the constitutionality of art. 4, § 54 of the Michigan Constitution. Section 54 provides for lifetime term limits for state legislators.

In the 1992 Michigan general election, the following proposed , amendment to the Michi *1043 gan Constitution was placed on the ballot as “Proposal B:”

A PROPOSAL TO RESTRICT/LIMIT THE NUMBER OF TIMES A PERSON CAN BE ELECTED TO CONGRESSIONAL, STATE EXECUTIVE AND STATE LEGISLATIVE OFFICE

The proposed constitutional amendment would:

Restrict the number of times a person could be elected to certain offices as , described below:
1) U.S. Senator: two times in any 24-year period.
2) U.S. Representative: three times in any 12-year period.
3) Governor, Lieutenant Governor, Secretary of State or Attorney General: two times per office.
4) State Senator: two times.
5) State Representative: three times.
Office terms beginning on or after Januaiy 1, 1993 would count toward the term restrictions. A person appointed to an office vacancy for more than one-half of a term would be considered elected once in that office.
Should this proposal be adopted?

This ballot language was prepared by the State Board of Canvassers, as required by art. 12, § 2, cl. 3 of the Michigan Constitution. The initiative petition from which this statement was derived contained the complete text of the proposed changes to the Michigan Constitution, i.e., art. 2, § 10, art. 4, § 54, and art. 5, § 30. 1

Proposal B received the support of approximately 58.8% of the voters. The text of art. 4, § 54, the constitutional provision at issue in this action, provides:

No person shall be elected to the office of state representative more than three times. No person shall be elected to the office of state senate more than two times. Any person appointed or elected to fill a vacancy in the house of representatives or the state senate for a period greater than one half of a term of such office, shall be considered to have been elected to serve . one time in that office for purposes of this ' ‘ section. This limitation on the number of times a person shall be elected to office shall apply to terms of office beginning on or after January 1,1993.
This section shall be self-executing. Legislation may be enacted to facilitate operation of this section," but no law shall limit or restrict the application of this section. If any part of this section is held to be invalid or .unconstitutional, the remaining parts of this section shall not be affected but will remain in full force and effect.

On August 1, 1997, plaintiffs filed a complaint against defendant Candice Miller, Michigan’s Secretary of State. The complaint alleged that § 54 violates plaintiffs’ rights under the First and Fourteenth Amendments to the .United States Constitution. On October 15, 1997, the Court granted the motion of Taxpayers United for Term Limitation (“Taxpayers”), Allan Schmid, and Patrick Anderson (collectively “intervening defendants”) to intervene as defendants in the instant action. On October 24, 1997, plaintiffs amended their complaint to add a claim that the process by which the Michigan voters adopted § 54 violated the First and Fourteenth Amendments to the United States. Constitution. Plaintiffs seek, inter alia, a declaratory judgment that § 54 violates their First and Fourteenth Amendment rights and a permanent injunction against Miller from enforcing § 54.

Currently before the Court are plaintiffs’ and intervening defendants, cross motions for summary judgment pursuant to Fed. R.Civ.P. 56. Defendant Miller has also moved for summary judgment and, in the alternative, seeks dismissal of this action pursuant to Fed.R.Civ.P. 12(b)(1). The Court held a hearing on these motions on January 29,1998.

*1044 Discussion

Standing

Defendant Miller argues that plaintiffs lack standing and that this action should therefore be dismissed pursuant to Fed. R.Civ.P. 12(b)(1). 2

“Article III of the United States Constitution provides that parties attempting to invoke federal jurisdiction must allege an actual case or controversy.” Miyazawa v. City of Cincinnati, 45 F.3d 126, 127 (6th Cir.1995).

One of [the] landmarks, setting apart the “Cases” and “Controversies” that are of the justiciable sort referred to in Article III — “serv[ing] to identify those disputes which are appropriately resolved through the judicial process,” Whitmore v. Arkansas, 495 U.S. 149, 155, 110 S.Ct. 1717, 1722, 109 L.Ed.2d 135 (1990) — is the doctrine of standing.

Lujan v. Defenders of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 2136, 119 L.Ed.2d 351 (1992). In Lujan, the Supreme Court identified three components of the standing requirement:

First, the plaintiff must have suffered an “injury in fact” — an invasion of a legally protected interest which is (a) concrete and particularized, and (b) “actual or imminent, not ‘conjectural’ or ‘hypothetical^]’” Second, there must be a causal connection between the injury and the conduct complained of — the injury has to be “fairly ... trace[able] to the challenged action of the defendant, and not ... th[e] result [of] the independent action of some third party not before the court.” Third, it must be “likely,” as opposed to merely “speculative,” that the injury will be “redressed by a favorable decision.”

504 U.S. at 560-61, 112 S.Ct. at 2136 (citations omitted).

Defendant Miller argues that the individual plaintiffs, i.e., Turner, Marsh, McNeely, and Spence, cannot establish that they have suffered an “injury in fact.”

In support for her argument, defendant relies on Miyazawa. In Miyazawa, the plaintiff challenged an amendment to Cincinnati’s city charter limiting city council members to four consecutive terms in office. The Miyazawa

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Bluebook (online)
993 F. Supp. 1041, 1998 U.S. Dist. LEXIS 1264, 1998 WL 47154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-for-legislative-choice-v-miller-mied-1998.