Highlights

HIGHLIGHTS OF THE MICHIGAN SUPREME COURT, 1999-2008

Enforcing the Constitution and Statutes as Written:

Opinions Justice Young Wrote:

  • Mack v City of Detroit: The City of Detroit cannot create a new right to sue for discrimination based on sexual orientation.  

Opinions Justice Young Joined:

  • National Pride at Work v Governor: The marriage amendment to the state constitution must be enforced as it was enacted, and it prohibits public employers from providing spousal health care benefits to same-sex domestic partnerships.  (Opinion by Justice Markman)

  • Robinson v City of Detroit: The police cannot be sued for the decision to pursue a fleeing criminal.  (Opinion by Justice Taylor)

Enforcing Rights of Private Property Owners:

Opinions Justice Young Wrote:

  • Wayne County v Hathcock: The state cannot take private property and redistribute it to another private entity for that private entity’s profit.  

  • People v Riddle: A homeowner is entitled to use deadly force in self-defense when attacked in the home.  

Opinion Justice Young Joined:

Enforcing Equality Under the Law:

  • Lind v City of Battle Creek: White and black citizens must be treated equally under the law for the purposes of establishing a claim for unlawful racial discrimination.  (Opinion by Justice Markman)

Enforcing the Right to Contract:

Opinion Justice Young Wrote:

  • Rory v Continental Ins Co: A court cannot ignore or rewrite terms in a contract because of its own ideas of “fairness.”  

Opinion Justice Young Joined:

  • Terrien v Zwit: A contract excluding for-profit businesses from a residential community must be enforced as written.  (Opinion by Justice Markman)

Enforcing Criminal Laws as Written

Opinion Justice Young Wrote:

  • People v Thousand: A person who believes he is soliciting an underage child for sex over the internet cannot later assert the defense that the victim was actually an undercover officer. 

Opinions Justice Young Joined

  • People v Kazmierczak: The smell of marijuana detected by a knowledgeable police officer may establish probable cause to search an automobile without a warrant.  (Opinion by Justice Taylor)

  • People v Philabaun: A suspected drunk driver may be charged with Resisting and Obstructing an Officer when refusing to submit to a blood alcohol test after a search warrant had been obtained.  (Per curiam opinion)