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ADVISORY OPINION CONSTITUTIONALITY OF 1974 PA 242

Docket No. 56354, (Calendar No. 9).

394 Mich. 41 (1975)

228 N.W.2d 772

ADVISORY OPINION re CONSTITUTIONALITY OF 1974 PA 242

Supreme Court of Michigan.

Decided April 29, 1975.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Gerald F. Young and Charles F. Keeley, Assistants Attorney General, supporting constitutionality.

Frank J. Kelley, Attorney General, Robert A. Derengoski, and George L. McCargar, Assistant Attorney General, opposing constitutionality.

Amici Curiae:

Fay O'Hare, for League of Women Voters of Michigan.

Hubbell, Blakeslee, McCormick & Houlihan (by Stuart D. Hubbell), for parents and school children.

Levin, Levin, Garvett & Dill (by Erwin B. Ellmann and Marshall W. Anstandig), for Michigan Education Association.

Harold Norris, Hershell Fink and Elaine Grand, for Michigan Regional Office of the American Jewish Congress, The Jewish Community Council of Metropolitan Detroit, and The Anti-Defamation League of B'nai B'rith of Michigan.

Douglas J. Robson, for Michigan Association of School Boards and Michigan Association of School Administrators.

SWAINSON, J.

I concur in sections I, II and III of Justice LEVIN'S opinion, but find it necessary to disagree with his analysis and result expressed in part IV. In my opinion supplying either school supplies or textbooks to private school students as called for in 1974 PA 242, § 18(3), violates Const 1963, art 8, § 2 [Proposal C] as previously interpreted in Traverse City School Dist v Attorney General, 384 Mich. 390

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