Order Michigan Supreme Court
Lansing, Michigan
April 3, 2019 Bridget M. McCormack,
Chief Justice
159160, 159201 David F. Viviano,
Chief Justice Pro Tem
In re HOUSE OF REPRESENTATIVES Stephen J. Markman
REQUEST FOR ADVISORY OPINION Brian K. Zahra
REGARDING CONSTITUTIONALITY OF Richard H. Bernstein
2018 PA 368 & 369 SC: 159160 Elizabeth T. Clement
_________________________________________/ Megan K. Cavanagh,
Justices
In re SENATE REQUEST FOR ADVISORY
OPINION REGARDING CONSTITUTIONALITY
OF 2018 PA 368 & 369 SC: 159201
_________________________________________/
On order of the Court, the requests by the House of Representatives and the
Senate for an advisory opinion on the constitutionality of 2018 PA 368 and 2018 PA 369
are considered. We direct the Clerk to schedule oral argument for Wednesday, July 17,
2019, at 9:30 a.m. MCR 7.308(B)(3).
We invite the House of Representatives and the Senate, and any member of either
chamber, to file briefs on the following questions: (1) whether the Court should exercise
its discretion to grant the requests to issue an advisory opinion in this matter; (2) whether
Const 1963, art 2, § 9 permits the Legislature to enact an initiative petition into law and
then amend that law during the same legislative session; and (3) whether 2018 PA 368
and 2018 PA 369 were enacted in accordance with Const 1963, art 2, § 9. We
respectfully request the Attorney General to submit separate briefs arguing both sides of
these questions. Briefs in support of the constitutionality of the enacted legislation shall
be filed no later than May 15, 2019. Briefs in opposition to the constitutionality of the
enacted legislation shall be filed no later than June 19, 2019. Persons or groups
interested in the determination of the questions presented in this matter may move the
Court for permission to file briefs amicus curiae on either or both sides, in accordance
with the briefing schedule set forth above. Motions for permission to file briefs amicus
curiae and briefs amicus curiae regarding these two cases should be filed in In re House
of Representatives Request for Advisory Opinion Regarding Constitutionality of 2018 PA
368 & 369 (Docket No. 159160) only.
The requests by the House of Representatives and the Senate for an advisory
opinion remain 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.
April 3, 2019
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Clerk