5 things to know about conservative Michigan Supreme Court candidate Patrick O’Grady

Voters will decide in November who gets to serve on the most powerful court in Michigan. And Circuit Court Judge Patrick O’Grady thinks he deserves a spot on the bench.

MICHIGAN—Patrick O’Grady, a former cop and prosecutor, and long-time Circuit Court judge from Branch County, is running this year, with the backing of the Michigan Republican Party, to unseat incumbent, Democratic-backed Michigan Supreme Court Justice Kyra Harris Bolden.

During a candidate forum at a church this summer, O’Grady introduced himself as a devout Christian and a strict constitutionalist who takes a hardline, textualist view of both state laws and the Michigan Constitution as a proud “rule of law judge” serving on the 15th Circuit Court.

On his campaign website, O’Grady also describes himself as an “advocate for justice,” and echoes his pledge to bring a textualist approach to the state Supreme Court, where he has also vowed to carry out “my duty to protect your family, protect your rights, and protect our Michigan.”

“We now have a far left court, and I’m coming before you to run for Supreme Court to take it from the far-left back to normal. And what do I mean by normal? I mean rule of law, constitutional, textualist court,” O’Grady explained to a crowd at a church in Livingston County in August.

O’Grady is running for a partial term on the bench that expires in 2029. It’s one of two seats on the Michigan Supreme Court that are up for grabs in this year’s elections—and whoever is elected will inevitably have a big say on some of the most pressing legal issues in Michigan.

With Bolden on the bench, Democratic-backed justices hold a 4-3 majority. Republican victories could flip control of the Court, while two Democratic wins would yield a 5-2 Democratic majority.

Besides his appearance at the church forum this summer, O’Grady also participated in a virtual candidate forum last month—but he left early without taking questions from the media and his campaign hasn’t responded to The ‘Gander’s request for an interview ahead of Election Day.

Here are five other things to know about O’Grady, his background, his supporters, and how he could go about approaching cases if he’s elected to the Michigan Supreme Court this year:

1.) O’Grady’s textualist views are raising concerns.

O’Grady was elected in 2008 (and repeatedly re-elected) to the 15th Circuit Court in Branch County, where he claims to have presided over 14,000 cases during his time on the bench.

During both recent forums, O’Grady was asked about how he would go about making decisions, if he were elected to serve on the state Supreme Court. And his answers have been consistent:

“I think the textual interpretation of both the constitution and also statutory structure needs to be applied. The law needs to be applied to the facts through the lens of the law, and you must do so methodically,” O’Grady said. “It does come to the rule of law, to that very textual application.”

Textualism, which can also be described as originalism or constitutional conservatism, is a philosophy that guides how judges can interpret laws and make other decisions in the courtroom. At its core, it asserts that laws should only be interpreted according to the plain meaning of the text—and not the actual intent of those who wrote or passed them into law.

In an exclusive interview with The ‘Gander, Michigan ACLU Legal Director Bonsitu Kitaba said Michigan voters should be “very careful” with the concept of textualism this year—especially given the damage that particular judicial philosophy could have on their civil liberties.

“I think what [Republican-backed judges] are trying to telegraph, especially when they couple those phrases with conservatism, is they want to take a narrow view of what the Constitution means and what civil rights mean to people,” she said. “Voters have to be very careful when they’re assessing the credentials and philosophies of these judges when they say that.”

And it’s not just a theory. Textualism is the exact principle that guided the majority on the US Supreme Court that overturned Roe v. Wade and peeled back the constitutional right to abortion for millions of women. And in other states with more conservative state Supreme Courts, abortion rights have been steadily chipped away since the US Supreme Court overturned Roe.

2.) O’Grady’s religious beliefs may influence his legal decisions. 

During the candidate forum at a church in rural Livingston County this summer, O’Grady introduced himself as a Christian man and pledged to focus on a vision for Michigan’s courts that relies on “Almighty God” and the “Judeo-Christian principles of our founding fathers.”

“We are very fortunate that we do have a country that was founded on Judeo-Christian principles of our founding fathers. We also have the same thing for our state,” he said. “If you read the preamble to the state Constitution, they’re basically forming this state pursuant to Almighty God. It’s in the preamble. It’s right there. That’s how they open it up. A group of people saying, ‘we’re getting ready to create this state, and we’re doing it for almighty God.’”

He added: “When you have a Christian worldview as an example, your conscience is in line with [the state Constitution]. It’s really only when you don’t have that or when you’re trying to stretch them, bend them, change them, create something that’s not there, it’s acrimony in your soul.”

3.) O’Grady used to be a cop.

But his interest in the law began during his time as a trooper for the Michigan State Police, he explained during the virtual forum. Before that, O’Grady also served in the US Army Reserve.

“I realized, both answering the 911 calls as a trooper and as a prosecutor, what service meant when you see people in their highest need. So my story is very unique. It’s from the road as a trooper, through the courtroom as a prosecutor, and also to the bench,” O’Grady said.

4.) O’Grady has been endorsed by right-wing extremists.

O’Grady is backed by the Michigan Republican Party, which is generally opposed to reproductive rights, gun safety reforms, and minimum wage increases. Many members of the Michigan Republican Party also have a reputation for denying valid election results.

But because the judges who serve on the Michigan Supreme Court are technically nonpartisan and do not necessarily subscribe to the agenda of one political party or another, it’s not always simple for voters to identify which candidates align most closely with their personal beliefs.

Endorsements, however, can offer clues. And O’Grady has a few worth mentioning.

Ex-President Donald Trump, who has repeatedly bragged about appointing the US Supreme Court judges who overturned Roe and tried to overturn Michigan’s 2020 election results, has endorsed O’Grady for the Michigan Supreme Court.

Right to Life of Michigan, a staunch, anti-abortion organization with a history of advocating for state legislation to restrict reproductive rights in Michigan, is backing O’Grady this year.

The National Federation of Independent Business (NFIB), a lobbyist group with ties to right-wing political movements and anti-worker policies, has also endorsed O’Grady—in part because O’Grady has voiced opposition to a recent legal decision to raise the state’s minimum wage.

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 then advocating for state-level bills to erode child labor protections and opposing increases to state minimum wages.

Two video endorsements also appear at the top of O’Grady’s webpage. One is from Dr. Sherry O’Donnell, a COVID-19 conspiracy theorist who’s known to prescribe prayer as a form of spiritual treatment to her patients. The other is from former Republican US House Speaker and presidential candidate Newt Gingrich, who has been credited with breaking American politics.

O’Grady’s campaign website also features an endorsement from Dr. Larry Arnn, the president of Hillsdale College—a private Michigan college that has reportedly become involved in many political issues in recent years, including Trump’s attempt to overturn his defeat in 2020.

O’Grady is also endorsed by former rockstar Ted Nugent, who supported the overturn of Roe and has a long history of making racist, homophobic, and misogynistic remarks in the media. 

5.) O’Grady admires US Supreme Court Justice Clarence Thomas.

During the church forum this summer, O’Grady also said that he looks up to US Supreme Court Justice Clarence Thomas, who, in addition to facing a corruption scandal, generally opposes constitutional protections for abortion and LGBTQ rights. O’Grady said he’s “an incredible man.”

READ MORE:10 cases that show how the Michigan Supreme Court shapes your rights

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