Topic: where the legislature has considered certain language and r… · Go Syfert
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Topic #1084

7 canonical passages across 7 cases, quoted by 27 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from In Re MCI Telecommunications Complaint.

#Case FlagCanonical passage Citers
1 In Re MCI Telecommunications Complaint Anchor
mich · 1999
green “where the legislature has considered certain language and rejected it in favor of other language, the resulting statutory language should not be held to explicitly authorize what the legislature explicitly rejected.” 7
2 Bostock v. Clayton County
scotus · 2020
green “an employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.” 5
3 Schwartz v. City of Flint
mich · 1986
green “the separation of powers provision in is 'in harmony with american political theory, the state government divided into the three historic departments, the legislative, executive, and judicial . . . .” 3
4 Nation v. W D E Electric Co.
mich · 1997
green “in light of the legislature's rejection of an explicit provision requiring compound interest, we presume the legislature's silence evidences an intent that courts continue to use simple interest.” 3
5 People v. Detroit, Grand Haven & Milwaukee Railway Co.
mich · 1924
green “ourts cannot make laws; they can but interpret them in conformity with the legislative intent.” 3
6 School District v. City of Pontiac
mich · 1933
green “the constitutional duty of courts is to interpret and apply the law, not to enact laws.” 3
7 Hively v. Ivy Tech Community College of Indiana
ca7 · 2017
green “it would require considerable calisthenics to remove 'sex' from 'sexual orientation.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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