Supreme Court rulings

To be sure, many Republicans were disappointed, some bitterly so, by the U.S. Supreme Court´s decisions upholding the essence of the Affordable Care Act and the ruling allowing same-sex marriage in all states. But few on the losing end of the two decisions were as vested in both cases as Schuette.

He positioned the state to oppose expansive health care and was especially vigorous in leading the legal fight to deny same-sex citizens what the court decision validates as a fundamental civil right. His former solicitor general, John Bursch, was the lead counsel in Obergefell v. Hodges, the same-sex marriage case argued before the Supreme Court in April.

Bursch has been a partner at the Grand Rapids law firm Warner Norcross & Judd LLP since leaving Schuette´s office in December 2013. Although in private practice, Bursch has contracted with his former employer as a special assistant attorney general to argue in favor of the now discredited Michigan Marriage Amendment and other cases. Records released by Schuette´s office to City Pulse under Michigan´s Freedom of Information Act, identify the cost to taxpayers for Bursch´s services at $300 to $558 an hour.

With a staff of more than 200 lawyers, Schuette ought to have the legal talent on staff to represent his political interests. But apparently not on his big case. Bursch has argued many times before the Supreme Court, and by all accounts is quite good at it. But in the clubby world of conservative Republican politics — Schuette´s base for his likely run for governor in 2018 — relationships matter. Warner Norcross PACs and the firm´s partners contributed heavily to Schuette´s election campaigns.

“Since taking office, Schuette has received at least $68,000 in campaign contributions from the Warner Norcross & Judd PAC, while the law firm has received about $728,000 worth of state contracts,” said a recent report from Progressive Michigan which has been tracking the relationship.

It found that since 2012, the law firm´s state contracts increased from a $25,000 and a $24,000 contract to include a $500,000 contract. And it found two additional $25,000 contracts in October 2012. “That same month, Schuette received a $34,000 campaign donation from WNJ. Throughout the end of 2013 and the beginning of 2014, WNJ received several state contracts totaling about $178,000. In 2014, WNJ donated twice to Schuette: in one instance a June $2,000 donation and the other — valued at $32,000 — the day before the November election,” the group´ s website reported.

To be fair, many of the state´s large law firms and lawyers have donated to Schuette´s campaigns and contribute to the election of state judges, including those on the Michigan Supreme Court. The ethical standards of Michigan´s legal community find nothing untoward in this arrangement and vigorously rejects suggestions that campaign contributions in anyway influence legal or political outcomes.

Warner Norcross, acknowledging the controversy surrounding the same-sex marriage case, has said that Bursch was working independently of the firm, where he co-chairs the appellate litigation.

But the courtroom conversion happened only after the case went to the Supreme Court. Before that, Bursch´s work defending the Michigan Marriage Act for Schuette was billed by Warner Norcross.

On March 17, 2014, the firmed invoiced the state for $5,190; on May 21, 2014, for $5,932.70; on June 16, 2014, $4,740. One of many invoices from Warner Norcross, the one dated Dec. 5, 2014, sought $1,830 for litigation support by John Bursch. The state in its payment orders detailed the arrangement with this bureaucratic note:

“Appointment as a Special Assistant Attorney General (SAAG) to provide legal services. The proposed services include representation and the provision of legal advice and guidance in the appellate cases of DeBoer (marriage) and Toth v. Gallaghan and in similar litigation matters as assigned directly by the Attorney General. For the time period of 2/10/2014 through 2/9/2015, extended to 5/9/2015 to facilitate the payment process, on behalf of the Michigan Department of Attorney General, Executive.”

A legal services request form dated January 1, 2015, established a $75,000 budget ceiling for Bursch´s work — 250 hours at $300 per for “representation in the United States Supreme Court and the provision of legal advice and guidance in the DeBoer (marriage) United States Supreme Court matter.” The document cited Warner Norcross as the contractor, but the law firm said this was a billing error on the part of the state.

In response the Supreme Court decision Schuette released this terse comment: “We will honor, respect and uphold the decision of the Supreme Court of the United States. We are appreciative that a decision finally has been reached in this very significant issue.” It´s better, at least, than the some of the other losers, particularly Republican presidential contenders.

Whether being on the wrong side of this issue matters politically will play out in next gubernatorial election. But the reasoning advanced by Schuette to prevent same-sex couples from marrying is already degrading with its discredited claims about protecting children and assertions that Michigan´s law isn´t based on sexual discrimination.

Before it broke for the summer, there was at least one sop tossed to Schuette by the Supreme Court. On Monday, in a 5-4 decision, the court in Michigan v. The Environmental Protection Agency said the Obama bid to limit mercury and other toxic pollutants failed to appropriately weigh the cost-benefit of its rules.

This stops, at least temporarily, EPA plans to toughen regulations on the poisons utilities pump into the air, among them mercury, which is particularly dangerous to pregnant women and young children. Michigan´s success in leading the charge for the power industry ensures that the pollution can continue, a win for Schuette.