Justitia - Can a MI Supreme Court decision be appealed?
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Q. Can a Michigan Supreme Court decision be appealed?
A. Generally, no - not if the decision solely involves state law. The Michigan Supreme Court is the "court of last resort," meaning it makes final decisions about the interpretation of state law. There are no further ways to appeal such cases.
An appeal can only be made if a case involves legal questions related to the U.S. Constitution. Example federal issues might include the First Amendment (freedoms of speech, press, religion, petition, and assembly) or the Fourth Amendment (search and seizure).
Why? State courts interpret the U.S. Constitution, but they must follow the rulings of the Supreme Court of the United States (SCOTUS). In legal lingo, this is called binding precedent or binding authority.
If a party thinks the Michigan Supreme Court has not interpreted the federal Constitution correctly, they may appeal their case directly to SCOTUS; however, the federal Supreme Court only grants certiorari in (takes) select cases that have national significance, which in practice is a small number each year.
Motion for Reconsideration
Although it is not an appeal, the Michigan Supreme Court does have a process called a "motion for reconsideration," in which a party can ask the Court to look at their case again after an order has been issued. These motions are very rarely granted, and the Court may choose to reconsider only certain parts of a case, as shown in this recent order. To learn more, see the Michigan Supreme Court's Processing of Cases and Administrative Matters (PDF).
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