While there aren’t many new details to share about the status of my ongoing Freedom of Information Act lawsuit against the Michigan Department of Health and Human Services (besides the fact that we’re now in the process of stipulating a discovery schedule for the case), I do have an important announcement to make: I found a lawyer to take on the case — and he’s perfect for it.
I’m thrilled to announce that Philip L. Ellison of Outside Legal Counsel, PLC will be taking over Miller v MDHHS — and giving me some much-needed time to review the thousands of documents (and redactions) associated with my MDHHS-McKinsey FOIA request and, you know, actually write about them.
Ellison has an impressive history of suing the government in matters related to transparency and civil liberties. His recent cases include a victory against the State of Michigan over its controversial newborn blood tests and the sale of leftover blood samples from newborns to third party researchers — something a judge ruled was partly unconstitutional last year, in Ellison’s favor.
Ellison also was one of the first attorneys (possibly the first attorney) in Michigan to file suit against Gov. Gretchen Witmer’s office over relaxations and limitations on Freedom of Information Act requirements at the start of the COVID-19 pandemic. Those “relaxations” were issued on April 6, 2020, via Executive Order 2020-38 under the Emergency Powers of the Governor Act of 1945 — a law the State Supreme Court ruled was unconstitutional six months later.
In addition to those lawsuits, Ellison is currently appealing a decision in a FOIA lawsuit brought against the University of Michigan in 2017 regarding the so-called “Tanton Records” — the records of an anti-immigration leader connected to U-Mich., which the school has refused to provide to a FOIA requester, claiming the records are sealed until 2035.
I’m proud to be represented by an attorney that has spent his entire career defending constitutional rights and civil liberties and fighting for government transparency. I’m hopeful about the future of my case, and I’ll make sure to keep everyone updated as the litigation process continues.
— em