The Michigan Court of Appeals for the second time has dismissed a lawsuit by the Mackinac Center that challenges the Department of Human Services deal with two employee unions -- United Auto Workers and the American Federation of State, County and Municipal Employees -- that automatically deducts dues from state money paid to babysitters who use their own homes to care for poor children.

The Center sued on behalf of three Michigan women who say they cannot be unionized because they are independent businesswomen, not employees of the state.

The Michigan Supreme Court sent the case back to Appeals after its first abrupt dismissal and order the lower court to address the concerns of the suit.

The Appeals Court, however, stuck to its guns and again dismissed the suit, saying the DHS cannot ignore the results of a certified union election. However, it also pointedly ignored the order from the higher court and ignored the challenge of the validity of a union for at-home babysitters.

If there was ever an argument for getting politics out of the courts, this is it.