The Dexter Leader
A Heritage Newspaper
Weekly Publication
Dems making 'judgements'
†By Rich Robinson, Guest Writer
PUBLISHED: May 1, 2008
Growing concerns over the Michigan Supreme Court and its "out of touch" Chief Justice Cliff Taylor, was the topic of a presentation by Ann Arbor attorney Mark Bernstein at last Wednesday's monthly meeting of the Western Washtenaw Democrats in Dexter.
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Bernstein cited several questionable rulings by the court and some that he labeled "ridiculous" that were causing a new wave of apprehension in the state's legal community.† Bernstein, who currently serves on the Executive Board for the Michigan Association for Justice, said the court has been handing down "remarkable decisions, unhinged from precedent and historic jurisprudence."
"With many of these decisions, our court is so far out of where its sister courts are in the Great Lakes," Bernstein said.
As an example, Bernstein cited one of the many cases where the current court reinterpreted the longstanding legal definition regarding statutes of limitation.† He spoke of a sexual harassment case that was thrown out of court because where the statue previously had begun at the time the complaint was filed, it was rewritten by this court to start whenever the first instance of harassment was initiated.† This and numerous statue reinterpretations have affected hundreds of Michigan citizens.
"And this is at odds with every other of our neighboring states," he said.† "The court seems to find a way to actually go beyond the law when it suits it's benefactors -†business and property interests."
Bernstein, who was the White House Director for Press Pool operations during the Clinton Administration, said the Michigan Supreme Court, and its Chief Justice Cliff Taylor in particular, has rarely ruled in favor of the average citizen.
"I'm quite sure the Michigan Chamber of Commerce will spend whatever it takes to keep Cliff Taylor sitting on the bench," he said.† "There needs to be a serious effort to replace him."
Bernstein concluded his comments with some observations on the role of regents at the University of Michigan.† He has announced he is seeking the nomination to run for a seat on the†U-M Board of Regents.
Fran Brennan, 7th District Director for the Justice Caucus, echoed Bernstein's comments about Justice Taylor and the state of the Michigan Supreme Court.† She said Taylor's many unfair decisions ignore long-standing judicial precedents and statutes.
Brennan cited several reasons why Taylor is being targeted:†the court nearly always favors insurance companies. † It favors large corporations over victims of consumer fraud, workplace injuries, health care malpractice and accidents.† It refuses to allow citizens to enforce Michigan's environmental laws against major polluters.† It allows foreign corporations to "steal" Michigan's most valuable natural resource, its water.† It denies remedies to victims of discrimination and sexual harassment, and, in some instances, denies an accused due process of law in criminal cases.
WWDems member Professor Gary Maveal, who too is a member of The Justice Caucus, also provided his perspective on the Michigan Supreme Court and the role of regents at U-M during the spirited discussion.
The meeting took place at the Union Hall of the International Brotherhood of Electrical Workers.† There were more than two dozen WWDems members present for the presentation.
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