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COUNCIL OF ORGANIZATIONS v. STATE

No. 158751 Calendar No. 2.

958 N.W.2d 68 (2020)

506 Mich. 455

COUNCIL OF ORGANIZATIONS AND OTHERS FOR EDUCATION ABOUT PAROCHIAID, American Civil Liberties Union of Michigan, Michigan Parents for Schools, 482Forward, Michigan Association of School Boards, Michigan Association of School Administrators, Michigan Association of Intermediate School Administrators, Michigan School Business Officials, Michigan Association of Secondary School Principals, Middle Cities Education Association, Michigan Elementary and Middle School Principals Association, Kalamazoo Public Schools, and Kalamazoo Public Schools Board of Education, Plaintiffs-Appellants, v. STATE of Michigan, Governor, Department of Education, and Superintendent of Public Instruction, Defendants-Appellees.

Supreme Court of Michigan.

Decided December 28, 2020.

Attorney(s) appearing for the Case

White Schneider PC (by Jeffrey S. Donahue , Okemos, and Andrew J. Gordon ) for Council of Organizations and Others for Education About Parochiaid.

Daniel S. Korobkin for the American Civil Liberties Union Fund of Michigan, Michigan Parents for Schools, and 482Forward.

Dickinson Wright PLLC, Lansing, (by Peter H. Ellsworth and Brandon C. Hubbard ), Phillip J. DeRosier , and Ariana D. Pellegrino , Detroit, for the Michigan Association of School Boards, the Michigan Association of School Administrators, the Michigan Association of Intermediate School Administrators, the Michigan School Business Officials, the Michigan Association of Secondary School Principals, the Middle Cities Education Association, the Michigan Elementary and Middle School Principals Association, Kalamazoo Public Schools, and Kalamazoo Public Schools Board of Education.

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, Ann M. Sherman , Deputy Solicitor General, and Toni L. Harris , Raymond O. Howd , and Precious Boone , Assistant Attorneys General, for the State of Michigan, the Governor, the Department of Education, and the Superintendent of Public Instruction.

Paul, Weiss, Rifkind, Wharton & Garrison LLP (by Eric A. Stone , Sara E. Hershman , Melina M. Meneguin Layerenza , and Juan J. Gascon ) and Salvatore Prescott & Porter, PLLC, Northville, (by Jennifer B. Salvatore ) for Public Funds Public Schools, amici curiae.

Bursch Law PLLC, Caledonia, (by John J. Bursch ) for Immaculate Heart of Mary and First Liberty Institute, amici curiae.

Thrun Law Firm, PC (by Roy H. Henley , East Lansing , Katerina M. Vujea , and Jessica E. McNamara ) for the National School Boards Association, amicus curiae.

Dykema Gossett PLLC (by Lori McAllister , Leonard C. Wolfe , Lansing, Courtney F. Kissel , Bloomfield Hills , and Hilary L. Vigil , Lansing) for the Michigan Catholic Conference and Michigan Association of Non-Public Schools, amici curiae.

Dykema Gossett PLLC (by Gary P. Gordon , Lansing, and Scott A. Hughes ) for certain individual Michigan legislators, amici curiae.

Polter Law Group, PC, Southfield, (by Stephen Polter ), Mordechai Biser, and Abba Cohen for Agudath Israel of America, amicus curiae.

BEFORE THE ENTIRE BENCH. (except Clement, J.)

OPINION

This Court, as the highest court of our state, is obligated to defer to the highest law of our land, the United States Constitution. We are also obligated to defer, if at all possible, to the will of our citizenry, which serves as the foundation of our state...

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