[quote=USATODAY]
LANSING, Mich — An Ingham County judge says Thursday's historic Detroit bankruptcy filing violates the Michigan Constitution and state law and must be withdrawn.
But Attorney General Bill Schuette said he will appeal Circuit Judge Rosemarie Aquilina's Friday rulings and seek emergency consideration from the Michigan Court of Appeals. He wants her orders stayed pending the appeals, he said in a news release.
In a spate of orders Friday arising from three separate lawsuits, Aquilina said Gov. Rick Snyder and Detroit emergency manager Kevyn Orr must take no further actions that threaten to diminish the pension benefits of City of Detroit retirees.
"I have some very serious concerns because there was this rush to bankruptcy court that didn't have to occur and shouldn't have occurred," Aquilina said. "Plaintiffs shouldn't have been blindsided," and "this process shouldn't have been ignored."
Lawyers representing pensioners and two city pension funds got an emergency hearing Thursday with Aquilina, and she said she planned to issue an order to block the bankruptcy filing. But lawyers and the judge learned that Orr filed the Detroit bankruptcy petition in Detroit 5 minutes before the hearing began.
[B]
Aquilina said the Michigan Constitution prohibits actions that will lessen the pension benefits of public employees, including those in the City of Detroit.[/B]
Snyder and Orr violated the constitution by going ahead with the bankruptcy filing because they know reductions in those benefits will result, she said.
"We can't speculate what the bankruptcy court might order," said assistant Attorney General Brian Devlin, representing the governor and other state defendants.
"It's a certainty, sir," Aquilina replied. "That's why you filed for bankruptcy."
Devlin said Snyder has to follow both the Michigan Constitution and the U.S. Constitution.
Schuette's office issued a statement saying an appeal has been filed on behalf of the governor in all three cases before Aquilina.
"In addition, the attorney general filed motions to stay the trial court rulings and any future proceedings while the appeals proceed," spokeswoman Joy Yearout said. "Later today, we expect to file additional motions seeking emergency consideration."
Aquilina issued a declaratory judgment that says the bankruptcy filing violated the Michigan Constitution.
"In order to rectify his unauthorized and unconstitutional actions ... the governor must (1) direct the emergency manager to immediately withdraw the Chapter 9 petition filed on July 18, and (2) not authorize any further Chapter 9 filing which threatens to diminish or impair accrued pension benefits," she said in her order.
John Canzano, a Southfield, Mich., lawyer representing retirees, cautioned that Snyder faces no contempt of court implications if he doesn't follow the judge's instructions. But Canzano said he likely will return to court seeking further relief if Snyder doesn't instruct Orr to withdraw the bankruptcy filing.
Asked what the judge could then do, Canzano said: "I will have to do my homework."
University of Michigan law professor John Pottow said the issue could travel up the court system, all the way to the Michigan Supreme Court. Or it could be answered decisively and quickly in bankruptcy court.
"There's nothing that precludes a federal judge from adjudicating the constitutionality of the Michigan statute," Pottow said. "The bankruptcy judge can interpret Michigan law."
Aquilina, who like most of the judges on the Ingham court has a Democratic background, appeared prepared for her orders to be appealed.
"Let's get this moving to the Court of Appeals because that's where you all are headed," she said.
She also ordered that a copy of her declaratory judgment be sent to President Barack Obama, saying he "bailed out Detroit" and may want to look into the pension issue.[/quote]
[url="http://www.usatoday.com/story/news/nation/2013/07/19/detroit-bankruptcy-unconstitutional/2569481/"]Source[/url].
I feel bad for the people who have retired or are about to. They stand to lose the most imo.
[QUOTE=Aide;41524020]I feel bad for the people who have retired or are about to. They stand to lose the most imo.[/QUOTE]All because of a bunch of corrupt assholes
[QUOTE=Killer900;41524077]All because of a bunch of corrupt assholes[/QUOTE]
You mean Kwame and friends?
[img]http://i19.photobucket.com/albums/b196/Starmenclock/kwame-kilpatrickjpg2_zps6f48470d.jpg[/img]
I'm trying to stay hopeful but all I hear is negative things. Starting to get to me :/
[QUOTE=Fangz;41524176]You mean Kwame and friends?
[img]http://i19.photobucket.com/albums/b196/Starmenclock/kwame-kilpatrickjpg2_zps6f48470d.jpg[/img][/QUOTE]
what a cunt
[QUOTE=Fangz;41524176]You mean Kwame and friends?
[t]http://i19.photobucket.com/albums/b196/Starmenclock/kwame-kilpatrickjpg2_zps6f48470d.jpg[/t][/QUOTE]
[t]http://s24.postimg.org/hksbq1ocl/ainsleycroney.png[/t]
[highlight](User was banned for this post ("dumb meme reply" - postal))[/highlight]
[QUOTE=viperfan7;41524489]what a cunt[/QUOTE]
The sad thing is, given the opportunity: people would probably vote him back into office.
Detroit doesnt even have the money to pay the pension benifits of public employees. I dont understand what the judge wants to do when we're 18 million in debt. We need to start making some major cuts, not just "okay pay every public employee a ton of money".
Im not saying that we shouldn't be paying them, but some cuts are def needed.
Denial is only the first stage.
How the mighty city has fallen.
Does the mayor take a cut as well or is his pension safe?
So what then? Detroit is foreclosed by the bank?
[QUOTE=Zenreon117;41524999]So what then? Detroit is foreclosed by the bank?[/QUOTE]
[URL=http://www.policymic.com/articles/44725/this-is-what-budget-cuts-have-done-to-detroit-and-it-s-freaking-awesome]Citizens organize to fulfill the roles government failed to[/URL].
Well, the entire emergency manager concept was drafted by statehouse Republicans as a tool to take over local governments and bust their unions and duck out of pension obligations, so it stands to reason that the Detroit bankruptcy is a tactic to accomplish that same end. And since the Wall Street investors can afford better lawyers than the unions, I doubt it is going to end well for the people who depend on their pensions to survive.
[editline]19th July 2013[/editline]
[QUOTE=Eudoxia;41525042][URL=http://www.policymic.com/articles/44725/this-is-what-budget-cuts-have-done-to-detroit-and-it-s-freaking-awesome]Citizens organize to fulfill the roles government failed to[/URL].[/QUOTE]
Libertarian paradise! Privatize the police! This will totally work out just as well as privatizing the fire department!
[url]http://usnews.nbcnews.com/_news/2011/12/07/9272989-firefighters-let-home-burn-over-75-fee-again?lite[/url]
Oh, wait, that totally doesn't work out.
[QUOTE=Used Car Salesman;41525128]Libertarian paradise! Privatize the police! This will totally work out just as well as privatizing the fire department!
[url]http://usnews.nbcnews.com/_news/2011/12/07/9272989-firefighters-let-home-burn-over-75-fee-again?lite[/url]
Oh, wait, that totally doesn't work out.[/QUOTE]
This was a state-run, tax-funded fire department. None of the two sources that article links to even has the word 'private' in it.
[QUOTE=Eudoxia;41525042][URL=http://www.policymic.com/articles/44725/this-is-what-budget-cuts-have-done-to-detroit-and-it-s-freaking-awesome]Citizens organize to fulfill the roles government failed to[/URL].[/QUOTE]Oh wow, that's just fucking amazing. Seeing as how the city government failed miserably, hopefully these guys will manage to pick up the pieces and rebuild Detroit into something respectable.
So does this mean that Detroit is Too big to fail?
[QUOTE=DaCommie1;41525285]So does this mean that Detroit is Too big to fail?[/QUOTE]
no
[QUOTE=Eudoxia;41525042][URL=http://www.policymic.com/articles/44725/this-is-what-budget-cuts-have-done-to-detroit-and-it-s-freaking-awesome]Citizens organize to fulfill the roles government failed to[/URL].[/QUOTE]
Why do these things to work, when people say they won't?
I'm just gonna keep waving my little yellow n' black banner and keep smiling. :v:
[editline]19th July 2013[/editline]
[QUOTE=DaCommie1;41525285]So does this mean that Detroit is Too big to fail?[/QUOTE]
It basically means Detroit is Dick Cheney. Pretty much dead, but somehow black magic got involved, and it's still alive.
[QUOTE=Eudoxia;41525217]This was a state-run, tax-funded fire department. None of the two sources that article links to even has the word 'private' in it.[/QUOTE]
And if it wasn't still partially tax-funded and public, the fire fee would be higher and even more people would be watching their homes burn with no effort to put the fire out. Privatizing something essential to people's safety will never end well. It may be advertised as "Oh, people are just helping each other out!", but the inevitable end state is that people with money get protected and taken care of, and people without money get left out in the cold.
[QUOTE=Used Car Salesman;41525359]And if it wasn't still partially tax-funded and public, the fire fee would be higher and even more people would be watching their homes burn with no effort to put the fire out.[/QUOTE]
The [URL=http://en.wikipedia.org/wiki/American_Letter_Mail_Company]American Letter Mail Company[/URL] was cheaper than the tax-funded USPS. Why can't this extend over to other essential services like the police or fire departments, especially since those are not continent-wide operations that require highly trained people to operate?
[QUOTE=Used Car Salesman;41525359]... the inevitable end state is that people with money get protected and taken care of, and people without money get left out in the cold.[/QUOTE]
So the state is what prevents the poor from becoming even poorer? Consider the jobs that the poor could do to leave poverty: In San Francisco, [URL=http://blog.sfgate.com/cityinsider/2013/07/15/professional-dog-walkers-reigned-in/]you can't walk dogs without a license[/URL]. An unemployed person who owns a car and sleeps in it, like many Americans, could easily set up a [URL=http://en.wikipedia.org/wiki/Illegal_taxicab_operation]gypsy cab[/URL] service, but in New York you have to pay 150,000 dollars for a taxi medallion. Charles Johnson made this argument far more eloquently that I could:
[QUOTE]There are, to start out, the trades that the state has made entirely illegal: selling drugs outside of a state-authorized pharmacy, prostitution outside of the occasional state-authorized brothel “ranch,” or running small-time gambling operations outside of a state-authorized corporate casino. These trades are often practiced by women and men facing desperate poverty; the state’s efforts add the danger of fines, forfeitures, and lost years in prison.
Beyond the government-created black market, there are also countless jobs that could be done above-ground, but from which the poor are systematically shut out by arbitrary regulation and licensure requirements. In principle, many women in black communities could make money braiding hair, with only their own craft, word of mouth, and the living room of an apartment. But in many states, anyone found braiding hair without having put down hundreds of dollars and days of her life to apply for a government-fabricated cosmetology or hair-care license will be fined hundreds or thousands of dollars.
In principle, anyone who knows how to cook can make money by laying out the cash for ingredients and some insulated containers, and taking the food from his own kitchen to a stand set up on the sidewalk or, with the landlord’s permission, in a parking lot. But then there are business licenses to pay for (often hundreds of dollars) and the costs of complying with health-department regulations and inspections. The latter make it practically impossible to run a food-oriented business without buying or leasing property dedicated to preparing the food, at which point you may as well forget about it unless you already have a lot of start-up capital sitting around.[/QUOTE]
Burn it down for the insurance money.
[QUOTE=Eudoxia;41525042][URL=http://www.policymic.com/articles/44725/this-is-what-budget-cuts-have-done-to-detroit-and-it-s-freaking-awesome]Citizens organize to fulfill the roles government failed to[/URL].[/QUOTE]
dont let yawmen see
[QUOTE=Eudoxia;41525042][URL=http://www.policymic.com/articles/44725/this-is-what-budget-cuts-have-done-to-detroit-and-it-s-freaking-awesome]Citizens organize to fulfill the roles government failed to[/URL].[/QUOTE]
This is such a bad biased article it's not even funny
[editline]20th July 2013[/editline]
Okay it directly links to and references an article on its own site calling the US a police state. Best article.
I've always found the notion that a city is a corporate entity kind of weird anyway
[QUOTE=Sega Saturn;41527385]Burn it down for the insurance money.[/QUOTE]
Mayor Bing actually wanted to do that, but the people who own the land where the abandoned buildings sat wanted 10 times the value of the actual worth of the land.
[QUOTE=Aide;41524020]I feel bad for the people who have retired or are about to. They stand to lose the most imo.[/QUOTE]
Well looky here we totally called that shit.
[url=http://www.nytimes.com/2013/07/22/us/cries-of-betrayal-as-detroit-plans-to-cut-pensions.html?pagewanted=all]Cries of Betrayal as Detroit Plans to Cut Pensions[/url]
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