Court of Claims tells baseball pork project, ‘Yer out!’

Big changes could come to the state government in the wake of a ruling by the Michigan Court of Claims that some legislative earmarks included in the state budget violate the Michigan Constitution.

The Court of Claims ruled May 12 in favor of the Mackinac Center Legal Foundation’s request for a preliminary injunction that will prevent legislators from approving district spending requests unless they meet a constitutionally required threshold of a two-thirds yes vote in each chamber.

“The preliminary injunction stops further payments from the challenged grant funding until the court reaches a final decision on the merits of the case,” a press release issued by the Mackinac Center read.

The Mackinac Center filed a lawsuit against the Department of Labor and Economic Opportunity in May 2025, targeting projects awarded to select private organizations at the request of individual legislators.

The lawsuit cited a $1.5 million grant for Jimmy John’s Field in Utica and $1 million for Jackson Field in Lansing. It is unclear how much of the grant money has been dispersed to date.

The court said that some types of grants are not counted as local awards and are thus not subject to the two-thirds requirement.

25-082.Mackinac Center.opinion and Order Granting Preliminary Injunction by mcclallen

Exempt grants include allocations for highways that would offer a statewide benefit, as well as major cultural institutions. The ruling did not, however, offer a clear definition of those institutions.

At issue is a clause in the state’s constitution which requires a two-thirds supermajority vote of the Legislature before taxpayer money can be appropriated to private entities.

“This ruling is a major victory for Michigan taxpayers and the rule of law,” said Patrick Wright, vice president for legal affairs at the Mackinac Center Legal Foundation.

The Michigan Constitution is clear, Wright said. Lawmakers cannot funnel taxpayer dollars to favored projects and private interests without meeting the constitutional supermajority requirement.

“The court’s decision prevents additional unconstitutional spending while this case proceeds,” Wright added.

Michigan Capitol Confidential has published many articles about select earmarks, also known as community enhancement grants. Recipients have included a curling center, cricket field, auto shows and union programs, a ballet, and the arts.

“The earmark process often isn’t transparent,” James Hohman, director of fiscal policy at the Mackinac Center for Public Policy, wrote in 2024.

If it is in the public’s interest to award a grant, Hohman told CapCon in an email, legislators should set up a grant program, establish criteria and select the best projects.

Handing out money to projects selected by legislators, Hohman added, ensures that the state is not spending money wisely.