Code of Alabama
Ala. Code § 12-2-10 (2026)
Advisory Opinions on Constitutional Questions - How Opinion Obtained.
✓ official Alabama Legislature (ALISON) text, current July 2026
The Governor, by a request in writing, or either house of the Legislature, by a resolution of such house, may obtain a written opinion of the justices of the Supreme Court of Alabama or a majority thereof on important constitutional questions.
(Acts 1923, No. 43, p. 25; Code 1923, §10290; Code 1940, T. 13, §34.)
Notes of Decisions
Cited in 64
cases (2 in the last 5 years), 1978–2021 · leading case: Opinion of the Justices, 795 So. 2d 630 (Ala. 2001).
Opinion of the Justices, 795 So. 2d 630 (Ala. 2001). “” Since the adoption of Ala. Code 1975, § 12-2-10, authorizing the Justices of this Court to issue advisory opinions when requested by the Governor or either house of the Legislature, the Justices of this Court have consistently restricted their opinions to questions concerning…”
Opinion of the Justices No. 380, 892 So. 2d 332 (Ala. 2004). “2d 269, 280 (1967) (“ ‘The performance by the Justices of the function [§ 12-2-10] contemplates is non-judicial; this for the obvious reason that advisory opinions given do not conclude or vindicate any right or remedy, result in no judgment or decree, bind no one whatsoever.”
Ex Parte Ted's Game Enter., 893 So. 2d 376 (Ala. 2004). “2d 269, 280 (1967) ('"The performance by the Justices of the function [§ 12-2-10] contemplates is non-judicial; this for the obvious reason that advisory opinions given do not conclude or vindicate any right or remedy, result in no judgment or decree, bind no one whatsoever.”
City of Bessemer v. McClain, 957 So. 2d 1061 (Ala. 2006). “Consequently, the Alabama Supreme Court has held that JIC advisory opinions, just like this Court's own advisory opinions, are not binding: "`Similar to an advisory opinion of this Court pursuant to § 12-2-10, Code of Alabama (1975), the [Judiciary Inquiry] Commission's advisory…”
Opinion of the Justices, 2017 ME 100 (Me. 2017). “, Ala. Code § 12-2-10 (LEXIS through May 16, 2017); Del.”
Town of Cedar Bluff v. Citizens Caring for Child., 904 So. 2d 1253 (Ala. 2004). “NOTES [1] Section 12-2-10, Ala.Code 1975, authorizes the Justices of the Supreme Court to issue an advisory opinion upon the request of the Governor or Legislature, but it does not require them to do so.”
Ernst & Young, LLP v. Tucker, 940 So. 2d 269 (Ala. 2006). “2000) (`Alabama's Declaratory Judgment Act bars trial courts from issuing advisory opinions'); Ala. Code 1975, § 12-2-10 (authorizing the Supreme Court to issue advisory opinions on `important constitutional questions' at the request of the Governor or the Legislature).”
Opinion of the Justices No. 381, 892 So. 2d 375 (Ala. 2004). “Code 1975, § 12-2-10, we undertake to offer our opinion as to the following question you have submitted: ‘Whether the State’s entry into one or more swap agreements, and options related to such swaps, under the proposed legislation and in connection with the refunding of…”
Opinion of the Justices No. 382, 907 So. 2d 1022 (Ala. 2005). “Acts 1923, the Advisory Opinion Act, now codified at § 12-2-10, and stated: “Interpreting the act according to its manifest effects, these conclusions must, of necessity prevail: (a) That the act does not at all contemplate the advice or the advisory opinions of the Justices…”
Duplantis v. Louisiana Bd. of Ethics, 782 So. 2d 582 (La. 2001). “Const., pt. 2, art. 74; R.I. Const. art. X, § 23; S.”
Opinion of the Justices, 69 So. 3d 847 (Ala. 2011). “1999) (“Since the adoption of the 1923 Act authorizing the Justices of this Court to give their opinions (the Act now codified as Ala.Code 1975, § 12-2-10), we have consistently declined to give advisory opinions on the general constitutionality of pending legislation.”
Ex Parte Balogun, 516 So. 2d 606 (Ala. 1987). “" The opinions are rendered for the benefit of a judge, and are admissible on behalf of a judge should he act consistent with the opinion and then have disciplinary proceedings brought against him for that conduct.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.