The Michigan Supreme Court denied leave to appeal, but three justices flagged the problem.
With Detroit Justice Center, ACLU of Michigan, Michigan State Planning Body, and Legal Services Association of Michigan, we argued that MCL 769.1k(1)(b)(iii) — which lets Michigan trial courts fund themselves by taxing the people they convict — violates separation of powers and due process. On July 7, 2023, the Michigan Supreme Court denied leave to appeal in Edwards, decided alongside the companion case Johnson. Three justices wrote separately: Justices Bolden, Clement, and Bernstein flagged the statute's upcoming sunset date as the Legislature's chance to act; Justice Cavanagh would have struck the law down; Justice Welch said the case deserved a merits decision. The law remains in effect.
Briefs, letters, guides, and other resources tied to this action.