in Re Advisory Opn on 2018 Pa 368-9 (Senate) ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
July 5, 2019 Bridget M. McCormack,
Chief Justice
159160 David F. Viviano,
Chief Justice Pro Tem
159201
Stephen J. Markman
Brian K. Zahra
In re HOUSE OF REPRESENTATIVES Richard H. Bernstein
REQUEST FOR ADVISORY OPINION Elizabeth T. Clement
REGARDING CONSTITUTIONALITY OF Megan K. Cavanagh,
Justices
2018 PA 368 & 369 SC: 159160
_________________________________________/
In re SENATE REQUEST FOR ADVISORY
OPINION REGARDING CONSTITUTIONALITY
OF 2018 PA 368 & 369 SC: 159201
_________________________________________/
By order of April 3, 2019, the Clerk scheduled these cases for oral argument to be
held July 17, 2019. The Court respectfully directs the Attorney General to file separate
supplemental briefs by 5:00 p.m. on July 10, 2019, addressing both sides of the following
questions: (1) whether this Court has jurisdiction to issue an opinion under Const 1963,
art 3, § 8 after the effective date of legislation, compare In re 2005 PA 71, 479 Mich 1,
13 (2007) (“Because the House of Representatives requested an advisory opinion well
before [the effective] date, this Court indisputably has jurisdiction under art 3, § 8 to
render an advisory opinion in this matter.”), with 2 Official Record, Constitutional
Convention 1961, p 3368 (Const 1963, art 3, § 8 “empowers the supreme court to furnish
advisory opinions . . . only as to legislative acts that are already passed and signed by the
governor, and before they become effective.”) (emphasis added); and (2) the stare decisis
effect of In re 2005 PA 71 on this determination, compare Const 1963, art 3, § 8 (“[T]he
legislature . . . may request the opinion of the supreme court . . . as to the constitutionality
of legislation . . . .”), with Advisory Opinion on Constitutionality of 1975 PA 227(Questions 2–10), 396 Mich 465, 477 (1976) (“An advisory opinion is not precedentially
binding upon the Court and represents only the opinions of the parties signatory.”).
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
July 5, 2019
t0705
Clerk