SB 1040 TROs still in place

School employees received another win in the ongoing legal battle over SB 1040. Yesterday, the Michigan Court of Appeals denied the state’s Motion for Stay of the Temporary Restraining Orders (TRO) in the cases brought by MEA and AFT-Michigan.  As part of its decision, the Court agreed to hear the appeals and established an expedited briefing schedule for the case.

The briefing schedule should move the case beyond the Oct. 26 deadline school employees had to make their pension and retirement health care decisions established by SB 1040. That means the Oct. 26 deadline is not in effect. It gives members more time to make informed choices.

With the TRO still in effect for MEA’s case, members have the right to change any choices they have made if any part of the law is found to be unconstitutional. In AFT-Michigan’s case, the TRO prevents the state from ending the election period until further order from the court.

It’s hard to predict what will happen. It wouldn’t be a surprise if the state goes to the Michigan Supreme Court for an emergency appeal. However, the chances of the Supreme Court staying the TROs after the Court of Claims and the Court of Appeals decisions are slim.

This is another instance where the courts are making the final decision regarding legislation attacking school employees and the middle class. This is another reason why we have to be sure to elect Supreme Court judges who rule with fairness  and make decisions based on law—not politics.

Three candidates running for the Supreme Court—Connie Marie Kelley, Sheila Johnson and Bridget Mary McCormack—are those judges. They are MEA-recommended candidates and need your support on Nov. 6.