Henderson v. Civil Serv. Comm'n, 909 N.W.2d 267, 501 Mich. 1046 (2018)

April 6, 2018 · Michigan Supreme Court · SC: 156270; COA: 332314
909 N.W.2d 267, 501 Mich. 1046

William R. HENDERSON and All Others Similarly Situated, Plaintiffs-Appellants,
v.
CIVIL SERVICE COMMISSION and Department of Corrections, Defendants-Appellees.

SC: 156270
COA: 332314

Supreme Court of Michigan.

April 6, 2018

Order

On order of the Court, the application for leave to appeal the August 15, 2017 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1).

The appellants shall file a supplemental brief within 42 days of the date of this order addressing: (1) whether the "authorized by law" scope of review under Const 1963, art 6, § 28 applied to the appellants' judicial review of the Civil Service Commission's final decision made without a hearing; (2) if so, whether the Court of Appeals gave proper meaning to the "authorized by law" constitutional standard; and (3) whether the Court of Appeals correctly applied that scope of review to the *268appellants' challenge. In addition to the brief, the appellants shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellees shall file a supplemental brief within 21 days of being served with the appellants' brief. The appellees shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellants. A reply, if any, must be filed by the appellants within 14 days of being served with the appellees' brief. The parties should not submit mere restatements of their application papers.

Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.