The Michigan Supreme Court is preparing to hear oral arguments on Thursday in a pivotal case that centers around the controversial legislative practice known as "adopt-and-amend." This tactic involves lawmakers utilizing a provision in the state constitution to adopt ballot initiative language into law before it reaches voters, and then subsequently amending the law after the election.

The case in question dates back to 2018, when Michigan's Republican-controlled Legislature adopted two ballot measures aimed at increasing the state's minimum wage and establishing rates for earning paid sick time. However, shortly before the governor's office transitioned to Democratic control following the election, the Legislature effectively gutted both policies.

Mothering Justice and Michigan One Fair Wage, the two groups behind the ballot initiatives, argued that the subsequent amendments made by the Legislature violated the Michigan Constitution. Previously, a 2018 opinion from the state's Attorney General, Bill Schuette, who was a Republican at the time, defended the adopt-and-amend tactic.

However, in July of 2022, the Michigan Court of Claims declared the adopt-and-amend process unconstitutional, stating that it effectively hindered the power of the people to initiate and vote on laws as outlined in the state constitution. The ruling was intended to take effect in February of this year but was overturned on appeal before implementation.

Now, the decision lies with the Michigan Supreme Court, as they are tasked with determining the future of the adopt-and-amend strategy, as well as the state's minimum wage and paid sick leave policies. Should the original form of the laws be restored, employees would see a significant increase in their minimum wage, with rates potentially exceeding $13 per hour. Additionally, sick leave provisions would guarantee paid time off for employees based on hours worked, ranging from 40 to 72 hours per year.

The Supreme Court's ruling will undoubtedly have far-reaching implications for workers and employers in Michigan. The oral arguments scheduled for Thursday will significantly contribute to the final decision that will shape the future of adopt-and-amend legislation in the state. As both supporters and opponents anxiously await the court's decision, the legal and political landscape of Michigan hangs in the balance.