This Court should vacate that portion of the bankruptcy court's opinion
determining that pensions could be impaired in a manner consistent with the Tenth
Amendment. In re City of Detroit, 504 B.R. 97, 145-54 (Bankr. B.D. Mich. 2013).
Both the United States and the City urged that this claim was not ripe below, see
id. at 140; nevertheless, the court improperly rendered an advisory opinion on the
matter. Whether viewed through the lens of avoidance of constitutional questions
or ripeness, the result is the same: the court improperly issued an advisory opinion
on a constitutional question of the highest order.