In Re House of Representatives Request for Advisory Opinion Regarding Constitutionality of 2018 PA 368 & 369

929 N.W.2d 382

Opinion

By order of April 3, 2019, the Clerk scheduled these cases for oral argument to be held July 17, 2019. The Court respectfully directs the Attorney General to file separate supplemental briefs by 5:00 p.m. on July 10, 2019, addressing both sides of the following questions: (1) whether this Court has jurisdiction to issue an opinion under Const. 1963, art. 3, § 8 after the effective date of legislation, compare In re 2005 PA 71 , 479 Mich. 1 , 13, 740 N.W.2d 444 (2007) ("Because the House of Representatives requested an advisory opinion well before [the effective] date, this Court indisputably has jurisdiction under art. 3, § 8 to render an advisory opinion in this matter."), with 2 Official Record, Constitutional Convention 1961, p. 3368 ( Const. 1963, art. 3, § 8 "empowers the supreme court to furnish advisory opinions ... only as to legislative acts that are already passed and signed by the governor, and before they become effective. ") (emphasis added); and (2) the stare decisis effect of In re 2005 PA 71 on this determination, compare Const. 1963, art. 3, § 8 ("[T]he legislature ... may request the opinion of the supreme court ... as to the constitutionality of legislation ...."), with Advisory Opinion on Constitutionality of 1975 PA 227 (Questions 2-10) , 396 Mich. 465 , 477, 242 N.W.2d 3 (1976) ("An advisory opinion is not precedentially binding upon the Court and represents only the opinions of the parties signatory.").