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Governor Gretchen Whitmer’s appointment of Michigan Supreme Court Justice-designate Noah Hood might have been more consequential if it flipped the high court’s majority, but that’s not the case. Rather, it takes the court from a majority of Democratic Party-affiliated justices to a 6-1 super-duper majority.
Ostensibly non-partisan, the political makeup of the court has mattered in recent significant decisions to allow a 2022 reproductive rights proposal and a 2018 congressional and legislative redistricting proposal to go on the Michigan ballot. And just this past summer the court struck down a Republican ‘adopt-and-amend’ scheme to fiddle with earned sick leave and minimum wage initiatives.
Republican Justice Brian Zahra, whose seat is up for reelection in 2030, is the court’s lone conservative – with a history on the state Supreme Court and the Michigan Court of Appeals of ruling against LGBTQ and abortion rights.
University of Michigan law professor Richard Primus says he’s not sure how much the new 6-1 majority will change the court since recently retired Republican-nominated Justice Elizabeth Clement was very independent. (So independent, in fact, she endorsed Kamala Harris for president in 2024 and left the state Supreme Court in time for a Democratic governor to name her replacement.)
“I don’t think that the court’s tone or its center will change all that much. I don’t think the difference between 5-2 and 6-1 will change the outcome in many cases,” he told Rick. But Primus said, in another respect, it’s significant as state courts are taking on a larger role in the national legal landscape.
“The federal courts lean very heavily conservative and that means the existence of more liberal-leaning courts in states, especially major states, is an important counterweight in American law generally,” he said. “I think the fact that there’s a Democratic majority on the court matters a lot.”
There’s also this to consider – longevity and name identification matter. Unlike federal courts, almost all judges in Michigan - from local district courts to the state Supreme Court - have to face voters.
Hood will have to run on the 2026 November ballot to complete the term, but would have a built-in advantage as an incumbent. As his partial term is near completion, he will almost certainly seek the Democratic Party convention nomination to run as a non-partisan candidate.
Huh, what?
Michigan’s system for nominating and electing justices is so unique it is called the “Michigan Method.” How many other states use the “Michigan Method?” None.
Under the Michigan system, justices are technically non-partisan. But almost all are nominated at Democratic and Republican state conventions, though that affiliation goes unmentioned on the non-partisan portion of the statewide ballot.
Party-nominated state Supreme Court candidates do get help from the parties with TV and online advertising, door–to-door campaigning and other financial support. But, state Supreme Court candidates do not benefit from straight-ticket voting that allows voters to support a party’s entire slate by filling one bubble on the ballot.
Decades ago, Democratic Party-nominated Justice Conrad Mallett Jr., who served from 1990 to 1999, used the slogan “You Haven’t Finished Your Ballot Until You’ve Voted for Mallett” to remind voters to stick with it until the non-partisan portion was completed. And a video endorsement from the cast of The West Wing went viral in 2012 thanks to Democratic-nominated candidate Bridget Mary McCormack’s sister (and The West Wing cast member) Mary McCormack reminding voters to not forget to turn over their ballots to vote in the state Supreme Court race. Bridget Mary McCormack went on to win the seat.
Digging deeper: It’s not unheard of to have an actual non-partisan on the state Supreme Court. Justice Charles Levin, who served from 1973 to 1996, didn’t like the idea of judges affiliating with political parties. So, he placed himself on the statewide ballot as an independent – although it probably didn’t hurt that the Levin name was well known in Michigan politics.
Have questions about Michigan politics? Or, just want to let us know what you want more of (less of?) in the newsletter? We always want to hear from you! Shoot us an email at politics@michiganpublic.org!
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What we’re talking about at the dinner table
Subpoena served: Last week we brought you up to speed on the GOP-led state House Oversight Committee’s authorization of a rare subpoena to get election materials used by the Michigan Secretary of State and local clerks to prepare for and manage elections. This week, it became official as two subpoenas were electronically delivered to the state’s top election officer. Michigan Secretary of State Jocelyn Benson says much of what’s being subpoenaed has already been shared with the House oversight and election committees. She says the materials that haven’t been shared are too sensitive – dealing with cyber-security and the physical security of machinery and election workers. She says they must be vetted first and some of the information redacted before it’s turned over. Republicans aren’t buying it. “They tell us they’re going to thumb their nose at the duly structured organization that has the right to do oversight on government,” House Oversight Chair Jay DeBoyer (R-Clay) told Rick. He said the Secretary of State doesn’t get to pick and choose what she’ll share. “That’s not transparency,” he said. “That’s called stonewalling.” Benson, who is also seeking the Democratic nomination for governor, said she is ready to fight in court any efforts that might compromise election integrity.
Trump’s back to MI: President Donald Trump returns to Michigan and Macomb County on Tuesday to mark the first 100 days of his second term. “That’s how much he cares about Michigan that he’ll be here,” Republican House Speaker Matt Hall (R-Richland Twp.) said at his weekly press conference. He ain’t wrong. Michigan has high stakes elections for an open U.S. Senate seat, a statewide governor’s race and some competitive U.S. House seats. The party that holds the White House typically suffers in the mid-terms and Trump’s tariff policies aren’t exactly boosting his popularity in the swing state that he won last year. Michigan races will help determine the fate of the Trump agenda. Michigan always looms large on the Trump radar. He ended his 2016, 2020 and 2024 election campaigns in Michigan with election eve rallies.
Speaking of the first 100 days: While Trump is in Macomb County, we’ll be sitting down with NPR’s Asma Khalid and Domenico Montanaro as we discuss what it’s been like to cover the first 100 days of the second Trump administration. Asma has a front-row seat as a White House correspondent and Domenico is NPR’s senior political editor. During the virtual event, we’ll talk about a presidential administration unlike anything we have seen in modern American history - and take your questions. More details on next Tuesday evening’s Speakers Series event is here! We look forward to seeing you!
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Yours in political nerdiness,
Rick Pluta & Zoe Clark
Co-hosts, It’s Just Politics
