Child care providers Sherry Loar, Paulette Silverson and Michelle Berry are the Legal Foundation's clients in Loar v. DHS, the case against the forced unionization of day care owners.
It is often said
that patience is a virtue — with most
legal matters, it is a necessity. The Mackinac Center Legal Foundation
continues the good fight, particularly in two long battles: the Foundation’s
case to prevent an illegal scheme that made private day care owners into
government employees, and a Secretary of State case to prevent governmental
entities from assisting partisan political activity.
Home-based day care
owners, who are being represented by the Center in the case Sherry Loar v. Michigan
Department of Human Services, received some good news in September when the
Michigan Supreme Court unanimously ordered the Court of Appeals to explain that
lower court’s dismissal of the case. Later that month, however, the Court of
Appeals curtly dismissed the case again. The MCLF will file another appeal to
the Michigan Supreme Court in December.
Director Patrick Wright stated, “I expect the Supreme Court will be
disappointed in the Court of Appeals' terse denial.” He noted that the Court of
Appeals’ actions stand in strong contrast to Court of Appeals Judge Douglas
Shapiro’s recent statement that court decisions should inform litigants “not
only ... if they won or lost, but why.”
In the second case, Michigan Education Association v Secretary
of State, the Mackinac Center filed a brief of amicus curiae, or “friend of the
court.” The case concerns whether it is proper for school districts to collect
money for union political accounts, an activity the Center contends is an
improper renting of government resources for political ends. In November, the
Michigan Supreme Court heard oral arguments on this matter, and many of the
court’s questions mirrored issues raised in the Center’s brief. A decision
is expected by July.
battles are often long and difficult,” Wright said, “but that’s because
fundamental principles are involved and the stakes are high. We are committed
to fighting these to the end.”