*This is the fourth in a series of posts about the certification of questions of state law. Earlier posts can be found here, here, and here.
The Sixth Circuit may certify state law questions, even sua sponte, in cases where the answer(s) “might avoid in whole or in part the necessity for federal constitutional adjudication.” Am. Booksellers Found. for Free Expression v. Strickland, 560 F.3d 443, 446 (6th Cir. 2009) (quoting Bellotti v. Baird, 428 U.S. 132 (1976)). In such cases, both parties may be primarily interested in forcing the court to confront a high-profile constitutional question, and prefer that the outcome not turn on state law. See Planned Parenthood Cincinnati Region v. Strickland, 531 F.3d 406, 408 (6th Cir. 2008) (“When asked about certification at oral argument, both Planned Parenthood and the State encouraged this court to speculate on how the Supreme Court of Ohio would interpret the statute as opposed to seeking an authoritative interpretation from the Ohio high court via certification.”). But the court has repeatedly certified state law questions to avoid thorny constitutional dilemmas. See, e.g., Planned Parenthood, 531 F.3d 406...
