Order Michigan Supreme Court
Lansing, Michigan
March 12, 2010 Marilyn Kelly,
Chief Justice
140263 & (5) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
IN RE CERTIFIED QUESTION FROM THE Diane M. Hathaway,
UNITED STATES DISTRICT COURT FOR Justices
THE EASTERN DISTRICT OF MICHIGAN.
_________________________________________
KAREN WAESCHLE,
Plaintiff,
v SC: 140263
US Dist: 08-10393
OAKLAND COUNTY MEDICAL EXAMINER,
and OAKLAND COUNTY,
Defendants.
_________________________________________/
On order of the Court, the question certified by the United States District Court for
the Eastern District of Michigan is considered, and the request to answer the question is
GRANTED. If the parties wish to file further briefs, they must be prepared in conformity
with MCR 7.306 through 7.309.
The motion for leave to file a brief amicus curiae is GRANTED. Other persons or
groups interested in the determination of the issues presented in this case may move the
Court for permission to file briefs amicus curiae.
WEAVER, J. (dissenting).
I dissent from the order granting the request of the United States District Court for
the Eastern District of Michigan for an answer to the question, because I continue to
question this Court’s constitutional authority to hear questions certified by other
2
courts.1 Justice YOUNG2 and Justice LEVIN3 have also questioned this Court’s authority
to answer certified questions. Therefore, I would decline to answer the question in this
case.
YOUNG, J. (dissenting).
I would decline to answer the certified question. I continue to adhere to my stated
position in In re Certified Question (Wayne Co v Philip Morris Inc), 622 NW2d 518
(Mich, 2001), that this Court lacks the authority under state law to answer certified
questions. However, this position has failed to carry the day. See Proposed Amendment
of MCR 7.305, 462 Mich 1208 (2000). As the final arbiter of state law, this Court has
concluded that it has the authority to answer certified questions. Accordingly, while this
Court may exercise that authority, I will exercise careful discretion before answering any
certified question. I would decline to answer the question in this instance.
1
See, e.g., In re Certified Questions (Melson v Prime Ins Syndicate, Inc), 472 Mich 1225
(2005) (WEAVER, J., concurring); In re Certified Question (Wayne Co v Philip Morris
Inc), 622 NW2d 518 (2001) (WEAVER, J., dissenting); Proposed Amendment of MCR
7.305, 462 Mich 1208 (2000) (WEAVER, C.J., dissenting); In re Certified Question
(Kenneth Henes Special Projects Procurement, Marketing & Consulting Corp v
Continental Biomass Industries, Inc), 468 Mich 109, 121 (2003) (WEAVER, J.,
concurring).
2
See In re Certified Question (Wayne Co v Philip Morris Inc), 622 NW2d 518 (2001)
(YOUNG, J., concurring).
3
See In re Certified Question (Bankey v Storer Broadcasting Co), 432 Mich 438, 462-
471 (1989) (separate opinion by LEVIN, J.).
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 12, 2010 _________________________________________
y0309 Clerk