Michigan's Attorney General: Can They Override Law?

The Attorney General of Michigan has the power to challenge laws and executive orders they believe to be unconstitutional. For example, in 2022, the Michigan Court of Claims blocked the enforcement of a 1931 abortion ban, declaring it unconstitutional. In another instance, Attorney General Dana Nessel challenged an executive order attempting to limit birthright citizenship. Additionally, Attorney General Nessel joined a lawsuit against Elon Musk, alleging that he was wielding unchecked power in a role that lacked Senate confirmation, in violation of the Constitution's Appointments Clause. These examples demonstrate the Michigan Attorney General's role in upholding the constitution and protecting the rights of citizens.

Michigan Attorney General Nessel challenges executive order limiting birthright citizenship

Michigan Attorney General Dana Nessel challenged an executive order limiting birthright citizenship, calling it a "horrific crime". The executive order was issued by President Trump following his inauguration, as part of his repeated efforts to undermine the right to birthright citizenship. Attorney General Nessel, along with attorneys general from 17 other states, Washington D.C., and San Francisco, filed a lawsuit in the U.S. District Court for the District of Massachusetts, seeking to invalidate the executive order and prevent any actions taken to implement it.

Nessel argued that birthright citizenship is a basic right granted to all Americans born on U.S. soil, with historic roots, including in pre-Civil War America. The Fourteenth Amendment, adopted after the Civil War, was enacted to protect citizenship for children born in the country, regardless of their parents' immigration status. The U.S. Supreme Court has twice upheld this right, and Nessel emphasised the long-lasting implications for the states and their residents.

The executive order, which does not rescind the citizenship of those already born in the United States, was described by Nessel as a "clear violation of American law" and an attack on the U.S. Constitution. She expressed disappointment that President Trump's first action targeted the Constitution. The lawsuit sought immediate relief to prevent the order from taking effect until the litigation was resolved.

In a positive development, Judge Coughenour of the United States District Court for the Western District of Washington issued a temporary restraining order, blocking President Trump's executive order nationwide. Judge Coughenour, a Reagan appointee, remarked that in his four decades on the bench, he had never encountered a case with such a clear and blatantly unconstitutional order. Attorney General Nessel welcomed this early victory, expressing relief that the unconstitutional effort by President Trump had been halted temporarily.

Michigan Court of Claims blocks 1931 abortion ban

On September 7, 2022, the Michigan Court of Claims ruled that the state's 1931 abortion ban was unconstitutional and issued a permanent injunction against its enforcement. The ruling was made by Judge Elizabeth Gleicher, who stated that the ban "is facially unconstitutional because its enforcement would deprive pregnant women of their right to bodily integrity and autonomy, and the equal protection of the law."

The case was brought by Planned Parenthood of Michigan and Michigan abortion provider Dr. Sarah Wallett, who argued that the law was unconstitutionally vague and violated the state constitution and civil rights laws. The Court of Claims agreed with this assessment, finding that the ban deprived pregnant women of their rights and that its order was "in accord with long-standing legal doctrine that a court’s declaration that a penal statute is unconstitutional prohibits its enforcement."

The ruling was hailed as a historic victory for abortion access and reproductive freedom in Michigan, ensuring that abortion care remains protected in the state even after the U.S. Supreme Court overturned Roe v. Wade. It was also praised for protecting the continuity of care that Michiganders had enjoyed for nearly half a century and ensuring that state officials could not interfere in personal decisions about health, lives, and futures.

Prior to this ruling, on May 17, 2022, the same court had granted a preliminary injunction, temporarily blocking the ban. This initial decision was also celebrated as an important victory, sending the message that Michigan's 1931 abortion ban should not go into effect even if Roe v. Wade was overturned.

Michigan Attorney General sues Elon Musk for unconstitutional actions

The Michigan Attorney General, Dana Nessel, has filed a lawsuit against Elon Musk, accusing him of wielding unconstitutional power. The lawsuit, filed on February 13, 2025, in federal court, argues that President Donald Trump violated the Appointments Clause of the US Constitution by creating a new federal department and granting Elon Musk sweeping powers over the entire federal government without Congressional approval or the Senate's consent.

Nessel described Musk as acting like a "king," and decried his lawlessness as "terrifying" and "insane." She emphasized that the founders of the nation wanted to distinguish the country from monarchies, and that Trump's decision to grant such power to an individual like Musk, who has not gone through the necessary processes, is bewildering. The lawsuit details the chaos Musk and his Department of Government Efficiency (DOGE) have caused across various federal agencies, including the Treasury Department and the Consumer Financial Protection Bureau.

The Michigan Attorney General's lawsuit is part of a multistate effort, with 13 other states joining, including Arizona, New Mexico, California, Connecticut, and more. The lawsuit seeks to protect Americans' private data, federal student aid, payments for farmers, and protections for working families, which Musk's unchecked power puts at risk.

The Department of Attorney General seeks a court ruling declaring Musk's actions unconstitutional and an injunction barring him from issuing orders to anyone in the Executive Branch outside of DOGE. They also aim to invalidate his previous actions. This lawsuit reflects the Michigan Attorney General's commitment to holding those accountable who threaten the rights and well-being of the state's residents.

Michigan Attorney General fights human trafficking

Michigan Attorney General Dana Nessel is leading the fight against human trafficking in the state by prosecuting the first-ever criminal cases under Michigan's state law banning human trafficking. The Attorney General's office is working with law enforcement task forces through the Human Trafficking Unit to help put an end to trafficking in the state. Attorneys from the Department also conduct training for law enforcement and prosecutors and work with community members and advocates to raise awareness of this crime.

The Michigan Attorney General's office has trained over 3,000 law enforcement agencies, charged 35 individuals, and secured 29 trafficking convictions. The office has also launched a robocall initiative to protect Michigan residents from the billions of robocalls made to them every year.

The human trafficking chapter of the Michigan Penal Code was overhauled in 2014 as a result of a 21-bill legislative package. The 2014 legislative package included safe harbor provisions, stronger tools to hold traffickers accountable, and created a standing Human Trafficking Commission within the Department of Attorney General and a Human Trafficking Health Advisory Board within the Department of Community Health. The definition of trafficking was amended in 2018 to include labor or services obtained through the control or facilitation of an individual's access to controlled substances.

Penalties for violations of the human trafficking statute start at 10 years to life imprisonment and increase up to 15 or 20 years, depending on the circumstances of the crime. Penalties for violations of the human trafficking statute involving labor or sex trafficking of a minor begin at up to 20 years.

Michigan Attorney General investigates the Catholic Church

Michigan Attorney General Dana Nessel has launched an investigation into the Catholic Church, focusing on decades of child sexual abuse by Roman Catholic priests in Michigan and the church leaders who protected them. The investigation is independent, thorough, transparent, and prompt. Nessel's department will find out who knew what and when.

The Michigan Attorney General's office has released a report on alleged abuse at the Diocese of Kalamazoo, resulting in nine criminal prosecutions of Catholic priests charged with sexual assault in Michigan. The cases include:

• People v. Vincent DeLorenzo: DeLorenzo, a priest at Holy Redeemer Church in Burton, was sentenced to one year in jail and five years of probation for sexually assaulting a five-year-old boy in 1987.
• People v. Joseph "Jack" Baker: Baker, a pastor at St. Perpetua Parish in Waterford and associate pastor at other churches, was sentenced to 3-15 years of incarceration for sexual penetration with a person under 13 in 2004.
• People v. Neil Kalina: Kalina, a priest at St. Kiernan Catholic Church in Shelby Township, was sentenced to 7-15 years of incarceration for sexually assaulting a 14-year-old child in 1984.
• People v. Gary Berthiaume: Berthiaume, a priest at St. Joseph Catholic Church in Wyandotte and later Our Lady of Sorrows in Farmington, was sentenced to 17 months to 15 years of incarceration on two counts of Second-Degree Criminal Sexual Conduct and one count of Gross Indecency.

In addition to the above, the Attorney General's office has also prosecuted cases against Joseph Comperchio, Brian Stanley, and others. The office has a clergy abuse tip line that has generated 1015 tips, leading to numerous police investigations, victim interviews, and police reports.

The Michigan Attorney General's office has also been active in other areas, such as fighting human trafficking and protecting residents from robocalls. Regarding the question of whether attorneys general can declare laws unconstitutional in Michigan, the Attorney General has challenged executive orders that attempt to limit birthright citizenship, citing the Fourteenth Amendment and Supreme Court precedent.

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