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
Threats to State Constitutional Abortion Protections
Even where voters pass abortion rights amendments, lawmakers and judges can undermine rights.
State Justices Speak Out Against Originalism
State supreme courts are increasingly a venue for debate over history’s role in constitutional interpretation.
A Michigan Prosecutor on the Importance of State Judicial Elections
State courts, including lower courts, decide issues critical to the communities they serve, but judicial races are too frequently overlooked.
To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
When Does the U.S. Supreme Court Review State Supreme Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
What Does Popular Sovereignty Really Mean?
Two new essays unpack recent state supreme court cases about the relationship between direct democracy and the power of state legislatures.
Multiple High Courts Uphold Voters’ Right to Use Ballot Measures to Change Law
Decisions in California, Michigan, and Utah could serve as models for courts in other states facing power struggles between legislatures and proponents of voter-approved ballot initiatives.