Honigman Capitol Report

Governor's Office

Governor Whitmer and Others Comment on Supreme Court Decision

Governor Whitmer, along with other Michigan leaders, praised a 6-3 U.S. Supreme Court ruling that struck down most of President Trump’s tariffs imposed via executive orders last month.  The opinion by Chief Justice John Roberts held that the International Emergency Economic Powers Act does not grant the tariff authority Trump claimed. Roberts wrote that Congress clearly grants tariff power when it intends to and did not do so in IEEPA. The decision is described as a significant political setback for the President’s signature economic policy. Governor Gretchen Whitmer called the decision a decisive and welcome step forward. She said the tariffs raised costs on cars, groceries, energy, and housing, creating uncertainty for families and businesses.  Whitmer urged Congress and the President to collaborate on a commonsense, strategic trade policy focused on jobs, lower costs, and reduced uncertainty with allies. Representative Debbie Dingell said Congress and the administration should craft clear, targeted legal authorities to advance U.S. industry, competitiveness, and security. Representative John Moolenaar defended tariffs on China as a key tool to level the playing field and protect U.S. economic security. The Court did not address refunds for importers who paid the tariffs, which news reports estimate exceed $200 billion in 2025.

Committee News

Constitutional Convention Legislation Proposed

Proposed legislation HB 5151 and HCR 2 would establish how to select five commissioners and five alternates for a potential national constitutional convention. Commissioners must be at least 25, registered voters, and U.S. and Michigan residents for at least five years. Federal lobbyists, government employees, contractors, elected officials, appointees, and felons would be ineligible. Each of the four legislative leaders would appoint one commissioner and one alternate, and the fifth would be chosen by the commissioners, subject to full legislative approval. The measures set conduct standards, prohibit exceeding authority, and impose up to five years in prison for bribery or obstructing the convention. The House Government Operations Committee took testimony on the bills, which prepare Michigan for an Article V convention without calling one. Supporters said advance rules would prevent confusion if two-thirds of states petition Congress, and noted Michigan currently lacks a process. A member questioned whether the resolution would bind future sessions, and the sponsor said it would not but could guide them. The committee took no vote. Thirty-four states must approve a convention, and any proposed amendments would need ratification by 38 states. A 2018 Senate effort to join a convention call passed committee but failed on the floor.

Election News

Benson and Detroit Chamber Release Polling Numbers

Internal polling from Jocelyn Benson's campaign shows her leading with 39% in a three-way race against John James (36%) and Mike Duggan (20%). The survey, conducted by Impact Research with 800 likely Michigan voters, has a margin of error of +/-3.5%. These results are consistent with previous polls from October. Pro-Duggan PAC Put Progress First has spent $1.8 million on ads, while Duggan's campaign has spent $851,000. Benson shows strong support among Black voters (62% for Benson, 24% for Duggan, 7% for James) and leads James by 9 points among voters under 55. However, she trails James by 3 points among voters over 55. Benson leads among both college graduates and non-graduates, while Duggan does not lead in any demographic subgroup. Benson's job approval rating stands at 52% positive, 36% negative, and 10% unsure. Duggan's spokesperson questions the poll's credibility, suggesting it lacks reliability compared to independent polling. A Detroit Regional Chamber-commissioned poll of 600 registered Michigan voters shows an extremely close three-way gubernatorial matchup among Mike Duggan, John James, and Jocelyn Benson.  The poll was conducted by the Glengariff Group between January 27 and February 2, and also queried views on AI data centers and Michigan’s education and economy. Respondents reported support levels of 30.1% for Duggan, 28.9% for James, and 28% for Benson, indicating a statistical dead heat.  The Chamber stated Duggan polls better than the leading Democrat and Republican in two of three categories and holds a commanding lead in hypothetical head-to-head matchups.

On Point

Press Release: CIT Issues Order Granting Ideal Relief for Importers on IEEPA Tariffs, But Appeals and Other Challenges Are Expected