Citizens Protecting Michigan's Constitution v. Secretary of State

Opinion

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