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)
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Takings Clause Victory Would Not Fix Michigan’s Tax Foreclosure System
Cases challenging the constitutionality of government profits from foreclosure sales distort real sources of injustice.
Scholarship Roundup: End of Semester Edition
Recent articles address states taking policy questions away from courts, standing in election cases, and state shadow dockets.
The Major Questions Doctrine in Michigan
A Michigan appellate court declined to apply the major questions doctrine for now but left open the possibility of its future adoption.
The Sorry State of Disclosure for State Supreme Court Justices
A new study reveals that disclosures by state supreme court justices are frequently hard to access and lack relevant financial information.
Minnesota Provides Stronger Search and Seizure Protections Than Fourth Amendment
A recent decision demonstrates the importance of state constitutions providing their own bases for remedies, not just protecting rights.
Arizona Ballot Measure Would Make It Harder to Amend State Constitution
Procedural changes to the amendment process — like one proposed in Arizona — could have high stakes for democracy.
Unpacking the Legal Challenges to Trump’s Ballot Eligibility
The vast majority of cases aiming to remove Trump from the ballot have been dismissed, but without deciding whether he’s eligible to hold the presidency.
Missed Opportunities in State Takings Challenges to Pandemic-Era Restrictions
Recent decisions have left Washington State’s protections against the taking of private property below the federal floor. Now Michigan has a chance to do better.