Order Michigan Supreme Court
Lansing, Michigan
September 28, 2018 Stephen J. Markman,
Chief Justice
158303 & (29) Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
MICHIGAN OPPORTUNITY, Elizabeth T. Clement,
Plaintiff-Appellant, Justices
v SC: 158303
COA: 344619
BOARD OF STATE CANVASSERS,
SECRETARY OF STATE, and SALLY
WILLIAMS, in her capacity as Director of
Elections,
Defendants-Appellees,
and
MICHIGAN ONE FAIR WAGE,
Intervenor-Defendant/
Cross-Plaintiff-Appellee.
_________________________________________/
On order of the Court, the motion to expedite is GRANTED. The application for
leave to appeal the August 22, 2018 order of the Court of Appeals is considered. In light
of the Legislature’s enactment of the Michigan One Fair Wage proposal under Const
1963, art 2, § 9, see 2018 IL 4, we DIRECT the parties to file supplemental briefs, within
28 days of the date of this order, addressing whether the plaintiff’s application for leave
to appeal presents a justiciable issue. The parties shall specifically address: (1) whether
the plaintiff’s complaint for mandamus is moot, see Gildemeister v Lindsay, 212 Mich
299 (1920); and (2) in any event, whether the plaintiff, as a ballot question committee
under the Michigan Campaign Finance Act, MCL 169.201 et seq., has standing to
challenge the constitutionality of a law enacted by the Legislature under Const 1963, art
2, § 9.
The application for leave to appeal remains pending.
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.
September 28, 2018
t0925
Clerk