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
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
State Legalization of Marijuana Is Changing Search and Seizure Jurisprudence
The smell of marijuana, on its own, is no longer considered to be evidence of criminal activity in many jurisdictions.
States Grapple with the Death Penalty
More people have been executed in 2025 than in any year of the past decade. But some states are strengthening protections against the death penalty.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
State Court Oral Arguments to Watch for in October
Issues on the dockets include New York’s Voting Rights Act, investigations of gender-affirming care for minors, and Meta’s challenge to a disclosure law for political ads.
Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.
The Power of State Reproductive Freedom Amendments
A new report analyzes the language and effects of recently adopted amendments protecting reproductive rights and highlights their potential for abortion access and beyond.
Book Excerpt: Sedition: How America's Constitutional Order Emerged from Violent Crisis
Throughout history, state constitutional drafting has involved failure and violent crisis and has sometimes torn us apart rather than brought us together.