Legal Opinion · Dissent

In re Sanders

Michigan Supreme Court

Decided June 2, 2014No. Docket No. 146680Published

1DissentMarkman, J.

The issue here, as it generally is in constitutional cases, is whether the Legislature has acted in an unconstitutional manner by enacting statutes that for many years have provided the underpinnings for the so-called one-parent doctrine.11 do not believe that it has. For that reason, I respectfully dissent from the majority opinion’s decision to vacate the order of the trial court, overrule In re CR, 250 Mich App 185; 646 NW2d 506 (2002), and hold that the one-parent doctrine, which has been a part of our statutory scheme for more than 70 years, is now unconstitutional under the Due Process…

2Cases cited27 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Morrissey v. BrewerSupreme Court of the United States · 1972
  4. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  5. Santosky v. KramerSupreme Court of the United States · 1982

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