Lobbyists bank on Republican state Supreme Court candidates to hold back worker wages

Corporate lobbyists want Republican-backed judges to take over the Michigan Supreme Court next year—and keep wages flat for thousands of minimum-wage workers. 

MICHIGAN—Corporate lobbyists are banking on two Republican state Supreme Court candidates to prioritize the interests of big business over thousands of low-wage workers.

This week, the National Federation of Independent Business (NFIB), a lobbyist group with ties to right-wing political movements and anti-worker policies, issued a formal endorsement in this year’s Michigan Supreme Court election—for Republicans Andrew Fink and Patrick O’Grady.

The NFIB reportedly presents itself as the nonpartisan “voice of small business,” but has a track record of taking millions of dollars from right-wing groups and advocating for state-level bills to erode child labor protections and opposing proposed increases to state minimum wages.

And in Michigan, the trade association is now throwing its support behind Fink and O’Grady to bring a conservative, anti-worker vision to rulings on the state’s highest court.

“Through their experience, Fink and O’Grady have demonstrated in that (sic) they understand the importance of judicial stability to not only our state’s economy, but its citizen’s well-being.” NFIB Michigan Director Amanda Fisher said in a statement this week. “The NFIB Michigan PAC is proud to endorse Andrew Fink and Patrick William O’Grady for Michigan Supreme Court.”

Here’s the deal:

This summer, in a 4-3 decision, the Michigan Supreme Court ruled to reinstate major changes to the state’s minimum wage and paid sick leave laws, which is set to lead to a higher state minimum wage, as well as eliminate a lower, tipped wage for restaurant staff altogether.

The decision fell along partisan lines, with four justices aligned with the Democratic Party voting to reinstate the changes, and the three Republican judges voting against the decision. 

The changes—which are also set to require many businesses to offer paid time off—were celebrated as a major victory for the tens of thousands of Michigan workers who earn the minimum wage, as well as thousands of other restaurant workers who rely on tips.

But for the large corporations that will soon be forced to pay their Michigan-based employees a more livable wage, the ruling could also soon put a dent in their ever-increasing profit margins.

Republicans have long opposed the concept of requiring paid time off for workers. The NFIB also labeled the prospects of raising worker wages as a “disaster” in a recent statement. 

And this week, lobbyists for those big corporate interests are taking a new stand against low-wage workers—namely by pushing for new, Republican judges to bring a different perspective to the state’s highest court, and decide cases based on a “rule of law” philosophy.

“Given the recent activists (sic) decisions of the Michigan Supreme Court, it is clear we need Supreme Court Justices who will fairly interpret the law as written,” Fisher said in a statement, pointing to the recent decision that will increase the state’s minimum wage as an example. “Fink and Grady’s (sic) commitment to public service throughout their careers has been exemplary and it is clear that they will provide the impartial, rule of law philosophy needed in the judiciary.”

Check the record:

During a recent debate, both Fink and O’Grady named the recent Michigan Supreme Court ruling involving the state minimum wage as a recent decision with which they disagreed—suggesting they would’ve ruled differently, had they been serving on the bench.

O’Grady also criticized the Supreme Court for closing a longstanding loophole in state law that has enabled Republican lawmakers to sidestep Michigan voters by adopting (and then quickly amending) citizen-led ballot initiatives—much like they did with the minimum wage proposal. 

The process, known as “adopt and amend,” was deployed by Republican state lawmakers to water down the 2018 ballot initiative to raise the minimum wage—and it has since been criticized as a way for lawmakers to essentially hijack an otherwise successful voter initiative.

“This was the issue of a referendum being brought forward, the legislature enacting it and it was called an adopt and amend strategy. The current justices that we have now have decided to totally change this,” O’Grady said. “The minority opinion was very clear and it basically said the majority has decided to create a new legal rule, on a whole new cloth by itself, for which it is written nowhere in the constitution, that there’s no ability to adopt and then later amend.”

Fink also issued a statement after the ruling in which he vowed to “stand up” for business interests, claiming that many of them would be “overwhelmed” by higher wages for their staff.

“I’m committed to protecting the small businesses and workers who enrich our state’s economy. I hope my colleagues will join with me in working to amend the law,” Fink said in a statement.

Why does it matter?

The state Supreme Court is the highest legal authority in the state, and it wields the power to decide whether laws are constitutional and whether voter ballot initiatives can move forward.

The Court also has the power to interpret state laws and how they apply to Michiganders—and it can also choose to revisit case law and set new precedents on any number of issues.

Democratic-backed justices currently hold a 4-3 majority on the Court. But with two seats on the Court up for grabs in this year’s election, that partisan control could soon shift. Republican victories could flip control of the court, while two Democratic wins would yield a 5-2 majority.

Although the race is technically nonpartisan, Democrat- and Republican-backed candidates are still likely to rule differently on different subjects that come to the Court—including on issues revolving around workers’ rights and how the state sets (or increases) its minimum wage.

READ MORE: Meet the four candidates running in the Michigan Supreme Court election

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Follow Political Correspondent Kyle Kaminski here.