LANSING, Mich. — Michigan Attorney General Dana Nessel has ruled that House Republicans acted unconstitutionally when a single legislative committee voted to block roughly $645 million in previously approved state spending, a decision that is now triggering the resumption of funding and a promised lawsuit from House GOP leadership.
In a 29-page opinion issued Wednesday, Nessel concluded that a provision of state law allowing one legislative committee to disapprove spending approved by the full Legislature and governor violates the Michigan Constitution’s separation of powers and bicameral lawmaking requirements.
State Budget Office officials say the opinion means funding will begin flowing again to affected programs, including cash assistance for new mothers, cancer support services, and local government projects that were abruptly halted in December.
House Speaker Matt Hall, however, immediately vowed to challenge the ruling in court.
“We are going to sue, because Michigan taxpayers need someone to fight for them and stop this absurd and incorrect interpretation of Michigan law,” Hall said in a statement.
How the Cuts Happened
On Dec. 10, the GOP-led House Appropriations Committee voted along party lines to invoke a rarely used provision of the Management and Budget Act allowing either the House or Senate Appropriations Committee to disapprove newly requested work projects.
The move allowed the committee, chaired by Rep. Ann Bollin, to unilaterally block nearly $645 million in work-project spending that had already been approved for fiscal year 2025 but not yet spent.
The action did not require approval from the Democratic-controlled Michigan Senate or Gov. Gretchen Whitmer, prompting immediate backlash from Democrats, local governments, and nonprofit organizations.
Programs Affected
The committee’s vote halted funding for a wide range of state and community programs, including:
- $159 million for the Make It In Michigan Competitiveness Fund
- $18.5 million for RxKids, a cash-grant program for pregnant women and new mothers
- Grant funding for the Holocaust Memorial Center in Farmington Hills
- $56,600 to provide wigs to cancer patients
- A $2.5 million pilot program for school-zone traffic cameras
- $1.3 million for the Office of Global Michigan
- $1.9 million in grants to symphony orchestras
- $800,000 for a fire truck in Hamtramck that officials said was already under contract
House Republicans defended the cuts as a way to rein in government spending, with Hall describing the law used as his “favorite law” and characterizing the move as a negotiating tactic for future budget talks.
What the Attorney General Found
Nessel’s opinion states that once the Legislature passes a budget and the governor signs it, the executive branch alone is responsible for carrying out spending decisions.
Allowing a single legislative committee to later block spending, she wrote, amounts to an unconstitutional “legislative committee veto.”
“This disapproval mechanism effectively creates a legislative veto,” Nessel wrote, adding that it “interferes with the executive branch’s core function of executing the laws.”
The opinion concludes the provision violates:
- Separation of powers, by allowing the Legislature to exercise administrative control after enactment
- Bicameralism and presentment, by bypassing the requirement that laws be passed by both chambers and presented to the governor
While the disapproval provision is unconstitutional, Nessel said it can be severed from the rest of the statute, leaving other administrative budget rules intact.
Funds Begin Flowing Again
Attorney General opinions are binding on state departments, including the State Budget Office and Treasury, which distribute funds.
In an email obtained by Bridge Michigan, budget officials told departments they “concur with the opinion issued by the Attorney General” and are already working to reactivate spending on previously blocked work projects this fiscal year.
That means funding will resume for programs that had been left in limbo for weeks, though some federal and restricted funds may be more difficult to fully restore.
GOP Pushback and Democratic Response
Despite the ruling, Bollin defended her committee’s actions, insisting lawmakers acted lawfully.
“The Legislature has both the authority and the responsibility to oversee how taxpayer dollars are spent,” Bollin said, adding that House Republicans would not be deterred.
Legal experts, however, questioned that position. Attorney Mark Brewer, former chair of the Michigan Democratic Party, said the opinion was “very well reasoned.”
“One legislative committee can’t veto appropriations that have been passed by the entire Legislature and signed by the governor,” Brewer said. “It’s clearly unconstitutional.”
Democratic leaders praised the ruling, calling it a lifeline for affected organizations.
Senate Appropriations Chair Sarah Anthony said the opinion brings relief to nonprofits and local governments left uncertain for weeks, while Senate Majority Leader Winnie Brinks said residents can now “breathe a little easier.”
Whitmer declined to comment, referring questions to budget officials.
What Comes Next
House Republicans are expected to follow through on their lawsuit, setting up a constitutional showdown over legislative authority and budget control.
For now, the attorney general’s ruling restores funding and draws a firm line: once a budget becomes law, a single committee cannot undo it.
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