The Mackinac Center Legal Foundation scored a significant legal win this spring in its lawsuit challenging the constitutionality of local earmarks in Michigan’s state budget.
In May, the Michigan Court of Claims granted a preliminary injunction blocking further payments for two local projects while the case proceeds. The ruling temporarily halts funding tied to specific “community enhancement grants” and other earmarks that legislators approved in a process that the Mackinac Center argues violates the Michigan Constitution.
The case challenges a practice that has become increasingly common in Lansing: inserting funding for favored local projects into large budget bills that pass without the two-thirds vote required for appropriations serving a local purpose.
The lawsuit singles out funding for two minor league baseball stadiums that were granted funding without a constitutionally required supermajority vote. The Legal Foundation argued that lawmakers cannot sidestep constitutional safeguards by embedding earmarks inside broader budget legislation.
The Court of Claims agreed that one-year appropriations designed to benefit a purely local interest require a two-thirds vote in both chambers of the Legislature. At the same time, it recognized that funding intended to support statewide public interests, such as highways and major cultural institutions, would not fall under the same standard.
The ruling immediately stops additional spending for the challenged grants until the court issues a final decision. It also puts lawmakers on notice that they cannot use public funding to benefit certain districts unless a legislative supermajority agrees to it.
“This ruling is a major victory for Michigan taxpayers and the rule of law,” said Patrick Wright, vice president for legal affairs at the Mackinac Center for Public Policy. “The Michigan Constitution is clear: Lawmakers cannot funnel taxpayer dollars to favored projects and private interests without meeting the constitutional supermajority requirement. The court’s decision prevents additional unconstitutional spending while this case proceeds.”
The Mackinac Center Legal Foundation filed the lawsuit in 2025 to restore transparency and accountability to Michigan’s budget process. The outcome could shape how lawmakers approach earmarks and district-specific spending in future budgets.
For now, the injunction means the challenged funding is paused, and the court has signaled that constitutional limits on the budget process still matter, which could have broad implications for future Michigan budgets.
