For more than a year, the Mackinac Center Legal Foundation (MCLF) has been battling the forced unionization of Michigan's home-based day care owners and providers in the state Court of Appeals. Four times, the appeals court rejected the Foundation's case with the legal equivalent of a wave of the hand.

The first dismissal of Loar v DHS, last December, consisted of a single, six-word sentence.  None of those six words offered any explanation. The appeals court quickly followed suit in February with a denial to an MCLF request to reconsider its decision. 

Then, in September the Michigan Supreme Court unanimously ordered the appeals court to explain its first dismissal. Again, the three-judge panel dismissed the lawsuit. Again without sufficient explanation.

And the MCLF has just learned the appeals court this week denied another motion asking the judges to reconsider or at least explain the details of their rationale.

This case involves illegal government activity, millions of dollars and more than 40,000 Michiganders. Before they respond this time, perhaps these three judges need to go across the hall and talk to one of their colleagues.

In the Fall 2010 issue of the University of Michigan LSA Magazine, Michigan alumni and Appeals Court Judge Douglas Shapiro insists that people deserve to know why the appeals court reaches certain decisions:

"In each case, for the people involved, it's their only case. So even if it seems run-of-the-mill, it's important to remember that there are real people who are waiting for the decision to come in the mail to tell them what happened, and not only to say if they won or lost, but why, so they feel they got a fair shake."

This is in stark contrast to the dismissals by Shapiro's colleagues in Loar v DHS. In fact, Shapiro seems to counter the sparsely worded dismissals with just five words of his own about these "real people" who come before the appeals court:

"They're entitled to an explanation."

MCLF clients Sherry Loar, Paulette Silverson and Michelle Berry are indeed real people in the private sector, trying to make a real living by providing real services to other real people in need. But they found themselves forced into a government employees union they neither asked for nor voted for.  

As Sherry told WJR's Frank Beckmann back in April, "To think that that court works for the children, the parents and myself, and they would have the audacity after everything we've been through to dismiss us without a comment...they're lucky I'm not picketing on their front porch."

Aren't Sherry and the others entitled to an explanation?

NPR - Neither gubernatorial candidate is talking about how they would fix the huge budget holes.

New York Times - Democrats around the nation are backing third-party candidates to siphon votes away from Republicans.

Michigan Messenger - Democrats promote independent candidate in race to replace Stupak.

WLNS - Benero, Snyder pledge no tax increases.

Carpe Diem - General Motors is set to sell more cars in China than the U.S.

Grand Rapids Press - Should it be illegal to post an ad seeking a Christian roommate?

Rasmussen Reports - One poll shows that only 14% of people support a government-regulated economy over the free market.

The Center for Vision and Values - There is "dangerous" demagoguery going on this election cycle.

New York Times - Democrats are outspending Republicans in this election cycle.

Michigan View - Is there a Soros trojan horse in the Michigan Secretary of State race?

...always check for the union label.

Wall Street Journal - Investing in private Social Security accounts beats the government payout by 75%.

 Quote of the Week

"A record $87.5 million has been spent by one union, the American Federation of State, County and Municipal Employees, to elect Democrats. Paid not by voluntary contributions from its members, but by forced union dues from workers-who are paid by taxpayers...Contrary to what Obama and the Democrats would have us believe, the Tea Party is largely fueled by small- dollar donations from American citizens in amounts of $200 or less."

-          Mark McKinnon, The Daily Best