Michigan
Michigan’s highest court is the Michigan Supreme Court. The court has six associate justices and one chief justice, who is selected by the members of the court. (Source: Michigan Supreme Court)
Judicial Selection
Michigan Supreme Court justices are chosen through a nonpartisan election (though candidates may be nominated at political party conventions), where multiple candidates may vie for the seat. The elected justice serves an eight-year term and may seek additional terms through nonpartisan elections. When a seat opens in the middle of a justice’s term, the governor appoints a candidate to fill the vacancy. The appointed justice holds office until Michigan’s next general election. The elected justice serves the remainder of the unexpired term. There are no term limits, but a justice may not be appointed or elected after age 70.
State Constitution
Michigan has had four state constitutions adopted between 1835 and 1963. As of January 1, 2024, it had 37 amendments. (Source: John Dinan, 2024)
Filters
Wyoming Supreme Court Signals Openness to Limiting Excessive Punishments
At oral arguments over the constitutionality of mandatory life-without-parole sentences for young adults, several justices suggested the right to be free from “cruel or unusual” punishments might be fundamental.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
Defining Legal Parenthood for Same-Sex Families
Now-unconstitutional bans on same-sex marriage can undermine efforts to establish parental rights even today.
Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.
Michigan’s High Court Is Charting a Course Against Punitive Excess
The court has perhaps never been friendlier to criminal justice reform.
Book Excerpt: Personhood: The New Civil War over Reproduction, by Mary Ziegler
The fetal personhood movement already succeeded in eliminating what many viewed as a fundamental right. Its continued effects could be even further-reaching.
Protecting Youth in the Criminal Justice System
A man sentenced to life in prison at 18 years old explains why state laws that funnel kids into the adult system are unjust and short-sighted.