MI Supreme Court refuses to opine on min. wage law

Wednesday Dec. 18, Michigan Supreme Court released a statement denying the legislature’s request for an advisory opinion on the Michigan minimum wage and paid sick leave laws issue.

On July 17 of this year, the Court heard oral argument on the requests by the House of Representatives and the Senate for an advisory opinion on the constitutionality of 2018 PA 368 and 2018 PA 369.

According to the court’s statement, the requests are again considered, and they are denied, because they are not persuaded that granting the requests would be an appropriate exercise of the court’s discretion.

Justice Elizabeth T. Clement wrote, “I concur in the Court’s order denying the Legislature’s request for an advisory opinion in this matter. I believe that this Court lacks jurisdiction under Const 1963, art 3, § 8 to issue an advisory opinion after the effective date of the legislation being scrutinized, and thus must refrain from doing so here notwithstanding the observations made by Justice ZAHRA about the importance of the legal issues presented. I believe we must instead wait for an “actual controvers[y] where the stakes of the parties are committed and the issues developed in adversary proceedings.”

Read the full 48-page statement at the link below:

159160 2019-12-18 or

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