This November 3rd the people of Michigan will choose two Justices for the Michigan Supreme Court and who they chose will determine whether we have a rule of law or activist court. The 4-3 decision last week by the Michigan Supreme court on the Governor’s emergency authority could not have highlighted better the stark contrast between how separation of powers is viewed by conservative and liberal judges. The conservative majority ruled against the Governor striking down the law, the liberal members of the court dissented and made clear they did not see a violation of separation of powers. The fundamental question before the court was whether the Governors authority is limited by the constitution. In November, the voters of Michigan will decide whether they want a court that limits the power of the Governor and State Government or not.
Michigan Supreme court Justice candidates are nominated by political parties at each of their respective conventions. This election the Democrats nominated current Michigan Supreme Court Chief Justice Bridget Mary McCormack to seek re-election, they also nominated Elizabeth Welch to run for the open seat. The Republican Nominees for the Michigan Supreme Court are Mary Kelly and Brock Swartzle. Justice Stephen Markman, a Republican nominated Justice, will retire at the end of this year due to the courts age limits.