case or controversy requirement in Michigan

2001Though some of its elements express merely prudential considerations that are part of judicial self-government, the core component of standing is an essential and unchanging part of the case-or-controversy requirement of Article HI. [Citations omitted.] In Plaut v Spendthrift Farm, Inc, 514 US 211, 219-225 ; 115 S Ct 1447 ; 131 L Ed 2d 328 (1995), Justice Scalia, in another majority opinion, provided a detailed analysis of the concern with preserving the separation of powers between the legislative and judicial branches, that traced its history back to the framers of the U.S. Constitution.

2001Though some of its elements express merely prudential considerations that are part of judicial self-government, the core component of standing is an essential and unchanging part of the case-or-controversy requirement of Article HI. [Citations omitted.] In Plaut v Spendthrift Farm, Inc, 514 US 211, 219-225 ; 115 S Ct 1447 ; 131 L Ed 2d 328 (1995), Justice Scalia, in another majority opinion, provided a detailed analysis of the concern with preserving the separation of powers between the legislative and judicial branches, that traced its history back to the framers of the U.S. Constitution.

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010This conclusion is certainly not required by federal law, as the United States Supreme Court has “recognized often that the constraints of Article III do not apply to state courts, and accordingly the state courts are not bound by the limitations of a case or controversy or other federal rules of justiciability . . . .” ASARCO Inc v Kadish, 490 US 605, 617 ; 109 S Ct 2037 ; 104 L Ed 2d 696 (1989).11 There is also no basis for doing so in Michigan law, as this Court long 10 The Cleveland Cliffs majority dismissed the cases or controversies requirements in art III, § 2 of the federal constitutio

2010This conclusion is certainly not required by federal law, as the United States Supreme Court has “recognized often that the constraints of Article III do not apply to state courts, and accordingly the state courts are not bound by the limitations of a case or controversy or other federal rules of justiciability . . . .” ASARCO Inc v Kadish, 490 US 605, 617 ; 109 S Ct 2037 ; 104 L Ed 2d 696 (1989).11 There is also no basis for doing so in Michigan law, as this Court long 10 The Cleveland Cliffs majority dismissed the cases or controversies requirements in art III, § 2 of the federal constitutio

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama—Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska—Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan); Arizona— Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut—Gay & Lesbian Law Students Ass’n v Bd of Trust

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama—Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska—Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan); Arizona— Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut—Gay & Lesbian Law Students Ass’n v Bd of Trust

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010This conclusion is certainly not required by federal law, as the United States Supreme Court has “recognized often that the constraints of Article III do not apply to state courts, and accordingly the state courts are not bound by the limitations of a case or controversy or other federal rules of justiciability . . . .” ASARCO Inc v Kadish, 490 US 605, 617 ; 109 S Ct 2037 ; 104 L Ed 2d 696 (1989).11 There is also no basis for doing so in Michigan law, as this Court long 10 The Cleveland Cliffs majority dismissed the cases or controversies requirements in art III, § 2 of the federal constitutio

2010It also reinforces our conclusion, in Nat’l Wildlife, that [t]o the extent that the people of Michigan, through their constitution, have chosen to confer upon the judiciary three specific authorities potentially beyond the traditional “judicial power,” it seems unlikely that the people intended that any other such nontraditional authority could simply be incorporated as part of the “judicial power” by a simple majority of the Legislature. [ 471 Mich at 625 .] In sum, it is clear that the framers of Michigan’s constitution believed, first, that the judicial power is generally circumscribed by t

2010Id. 6 The Lee/Cleveland Cliffs majority thus concluded that Michigan should adopt the federal constitutional standing test from Lujan v Defenders of Wildlife, 504 US 555, 560 ; 112 S Ct 2130 ; 119 L Ed 2d 351 (1992), as the “irreducible constitutional minimum of standing... 7 The Lee/Cleveland Cliffs majority also held that a litigant must meet the Lujan standing requirements regardless of whether the Legislature expressly created a cause of action or conferred standing on the litigant because, although the Legislature has the power to create causes of actions, it does not have the power to ex

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama—Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska—Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan); Arizona— Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut—Gay & Lesbian Law Students Ass’n v Bd of Trust

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

2010Alabama — Stiff v Alabama Alcoholic Beverage Control Bd, 878 So 2d 1138, 1142 (Ala, 2003) (applying the Lujan test for standing); Alaska — Chenega Corp v Exxon Corp, 991 P2d 769, 785 (Alas, 1999) (recognizing Lujan)-, Arizona - Bennett, 206 Ariz at 525 (noting that, although “[a]rticle VI of the Arizona Constitution, the judicial article, does not contain the specific case or controversy requirement of the U.S. Constitution,” “federal case law [is] instructive” due to separation of powers principles and as a “matter of sound jurisprudence”); Connecticut — Gay & Lesbian Law Students Ass’n v Bd

1993Hawkeye-Security Ins Co v Schulte, 302 F2d 174 (CA 7, 1962). 17 The United States Supreme Court recognized in Maryland Casualty Co v Pacifíc Coal & Oil Co, 312 US 270 ; 61 S Ct 510 ; 85 L Ed 826 (1941), that a sufficient controversy existed between an insurer and an injured party to allow the injured party to be named as a defendant in the insurer’s action for declaratory judgment.

1993Hawkeye-Security Ins Co v Schulte, 302 F2d 174 (CA 7, 1962). 17 The United States Supreme Court recognized in Maryland Casualty Co v Pacifíc Coal & Oil Co, 312 US 270 ; 61 S Ct 510 ; 85 L Ed 826 (1941), that a sufficient controversy existed between an insurer and an injured party to allow the injured party to be named as a defendant in the insurer’s action for declaratory judgment.