Legal Opinion · Dissent

Council of Organizations v. GOV. OF MICH.

Michigan Court of Appeals

Decided June 11, 1996No. Docket 180681, 181298, 181300Published

1DissentO’Connell, J.

The wearing of judicial robes is not a license to usurp governmental powers confided to other branches, to take on the role of philosopher kings, or to act as counterweights to swing the balance of the political process. Pursuant to Const 1963, art 3, 2, the judiciary has no legislative powers, and, thus, it cannot act as a “super legislature” to sit in review of the policy choices made by coordinate branches of government acting within their respective spheres of authority. Today, the judiciary, once again, has overstepped its proper constitutional role, fancying itself a Solon rather than a…

2Cases cited33 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Walz v. Tax Comm'n of City of New YorkSupreme Court of the United States · 1970
  3. United States v. RainesSupreme Court of the United States · 1960
  4. Webster v. Reproductive Health ServicesSupreme Court of the United States · 1989
  5. Traverse City School Dist. v. Atty. Gen.Michigan Supreme Court · 1971

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