Mackinac Center for Public Policy v. Department of Labor and Economic Opportunity (LEO)
The Mackinac Center Legal Foundation has filed a lawsuit seeking to end the unconstitutional use of taxpayer dollars for special projects, often referred to as pork barrel spending, in Michigan’s state budget. The suit could affect billions in spending that benefits politically favored districts and private groups without the constitutionally required supermajority vote.
On June 17, the Michigan Department of Labor and Economic Opportunity filed a brief in response to the lawsuit.
“In a rather astonishing claim, the government argues that the courts cannot stop the executive from issuing earmark payments—even when those payments are illegal,” said Patrick Wright, vice president of legal affairs at the Mackinac Center for Public Policy.
“Let’s be clear: courts exist to stop exactly this kind of lawbreaking. The brief demonstrates a fundamental misunderstanding of our constitutional system. The judiciary doesn’t lose its authority just because a payout was promised. If the payment process was unlawful, the judiciary not only can intervene—it must.
These arguments aren’t just bad law - they’re bad civics.”
The Mackinac Center Legal Foundation has filed a lawsuit against the Michigan Department of Labor and Economic Opportunity, seeking to end the unconstitutional use of taxpayer dollars for special projects, often referred to as pork barrel spending, in Michigan’s state budget. The suit could affect billions in spending that benefits politically favored districts and private groups without the constitutionally required two-thirds legislative vote.
Under Michigan’s Constitution, any public money directed toward a specific local or private entity must receive a two-thirds supermajority vote in the Legislature. But recent budgets have consistently ignored this requirement. This provision was intended to curb wasteful pork barrel spending. Instead of adhering to the process laid out in Michigan’s constitution, lawmakers have tucked funding for pet projects into late session “community enhancement grants” or “special district projects,” avoiding public scrutiny and amending procedures.
The lawsuit cites several questionable budget proposals, including $1.5 million for Jimmy John’s Field in Utica and $1 million for Jackson Field in Lansing. Other funding is allocated to projects like a cricket field, a curling center, a distillery, labor unions, a green energy non-profit, developers, donors, and many private organizations with some connected to lawmakers. These earmarks were passed with an up-or-down vote as part of larger budget bills, shielding them from proper legislative scrutiny.
The Mackinac Center’s legal challenge seeks to restore fiscal accountability and ensure taxpayer dollars are allocated through a transparent and constitutional process. It argues that these pork projects violate the constitutional safeguards enacted to prevent abuse of public funds.
The lawsuit was filed in The Michigan Court of Claims.
