Citizens Protecting Michigan's Constitution v. Secretary of State

Order Michigan Supreme Court
Lansing, Michigan

September 3, 2008 Clifford W. Taylor,
Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver
137136 & (66)(67) Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
CITIZENS PROTECTING MICHIGAN’S Justices

CONSTITUTION, LOWELL R. ULRICH,

MICHAEL BISHOP, ALAN L. CROPSEY,

VIRGIL SMITH, JR., and MIKE BRYANTON,

Plaintiffs-Appellees,

SC: 137136

v COA: 286734

SECRETARY OF STATE and BOARD OF
STATE CANVASSERS,

Defendants-Appellees,

and
REFORM MICHIGAN GOVERNMENT NOW!,

Intervening

Defendant-Appellant.

________________________________________

AMENDMENT TO ORDER

On order of the Court, the order of August 28, 2008 is amended by adding thereto
the following statement by Kelly, J.:

Kelly, J. I acknowledge that, pursuant to MCR 2.003(B)(5), I have an economic
interest and other more than de minimis interest in the outcome of this matter.
Nonetheless, I will participate under the rule of necessity. See United States v Will, 449
US 200 (1980).
The decisions of the other justices to participate is solely their own, based on this
Courts traditional disqualification procedure. I object to this procedure and again call for
the Court to revise it. See Adair v Michigan, 474 Mich 1027, 1051 (2006) (statement by
Kelly, 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.
September 3, 2008 _________________________________________
Clerk