Order Michigan Supreme Court
Lansing, Michigan
March 23, 2012 Robert P. Young, Jr.,
Chief Justice
144184 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
ATTORNEY GENERAL, Brian K. Zahra,
Plaintiff-Appellant, Justices
v SC: 144184
COA: 306685
Ingham CC: 11-000538-CZ
CIVIL SERVICE COMMISSION and STATE
PERSONNEL DIRECTOR,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal prior to decision by the
Court of Appeals is considered, and it is DENIED, because the Court is not persuaded
that the questions presented should be reviewed by this Court before consideration by the
Court of Appeals.
MARKMAN, J. (dissenting).
I would grant the Attorney General’s motion to bypass the Court of Appeals. In
my judgment, this dispute, concerning the constitutionality of the Civil Service
Commission’s authorization of expanded health-care benefits for certain public
employees, as with the recent dispute concerning the constitutionality of the emergency
financial managers act, In re Executive Message, 490 Mich 999 (2012), presents
questions of Michigan constitutional law that warrant the expedited consideration of the
highest court of this state. Individuals and communities that are immediately affected, as
well as the citizenry generally, whose constitution is at issue, are entitled to dispositive
resolutions of these disputes in a reasonably facilitated manner. I would have treated
each of these disputes as priority matters for our consideration. I respectfully dissent.
I, Corbin R. Davis, 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.
March 23, 2012 _________________________________________
t0320 Clerk