Blog | Social Security and Retirement

Judge: Detroit Bankruptcy Case Turns State Constitution to ‘Swiss Cheese’

The Michigan judge who ruled last week that Detroit’s bankruptcy filing violated the state constitution's ban against tampering with public employees’ pensions, adjourned a hearing on the case this morning until July 29. Ingham County Circuit Court Judge Rosemarie Aquilina said:

As you all know, my decision last week was because there’s been a violation of constitution. I don’t believe the constitution should be made of Swiss cheese.

Detroit, with the backing of Michigan Gov. Rick Snyder, is seeking federal bankruptcy protection, including the right to cut pensions for the city’s more than 21,000 retired public employees, including police officers and firefighters. Kevyn D. Orr, the city’s emergency manager appointed by Snyder, has called for “significant cuts” to the pensions of current retirees.

Retired Detroit firefighter Dave Parnell told WXYZ–TV:

When is enough enough? I've given you 34 years. I've given you two ankles, a shoulder and a back. I'm not even sure about my lungs. What else do you need?

refused to meet with AFSCME to discuss retirement issues and, shortly before they filed for bankruptcy, claimed the union would have “months” to address these issues and that meetings would soon be scheduled to do so.”

Public workers are not protected by federal pension insurance. The average public service pension is $19,000 per year. A bankruptcy and possible suspension or reduction in pension payments would result in profound hardship for workers, retirees and their families. Apparently Gov. Snyder and Orr want Detroit’s public-service workers to rely on their children for food and shelter, or have to work until they die.