Civil rights advocates celebrate growing Democratic ‘firewall’ on Michigan’s top court

Republicans are taking control in Washington DC and the Michigan House of Representatives. But a growing Democratic majority on the Michigan Supreme Court may help stave off some of their more extreme policy ideas.

MICHIGAN—Amid a so-called red wave of Republican victories in this year’s elections, civil rights advocates have spotted a “bright spot” for Michiganders—and their civil rights—after Democrats managed to expand their majority control of the state’s most powerful court.

Michigan Supreme Court candidates Kyra Harris Bolden and Kimberly Ann Thomas, who were nominated by the Michigan Democratic Party, won two seats on the state Supreme Court this year—with preliminary results showing them winning by margins of more than 100,000 votes. 

Although it was technically a nonpartisan election, the results of this year’s election will ultimately ensure that Democratic-backed justices maintain a clear 5-2 majority on the Court—at least through 2026, when two more seats on the Court will once again be decided at the polls. 

And according to officials at the American Civil Liberties Union of Michigan, that newly expanded “firewall” of Democratic influence on Michigan’s top court will ensure there are clear, legal guardrails for Republicans who may be looking to test the limits of their newfound power.

“We’re feeling optimistic. There is a solid pro-civil rights, pro-civil liberties majority on the Michigan Supreme Court,” ACLU Political Director Merissa Kovach told The ‘Gander. “It felt like one of the bright spots—especially as we saw the Michigan House flip to Republican control.”

High Court. High Stakes. 

The state Supreme Court is the highest legal authority in Michigan. It wields the power to decide whether laws are constitutional and whether voter ballot initiatives can move forward. It also serves as the final say on how state laws should be interpreted and applied to Michiganders.

And with crucial decisions involving reproductive rights, abortion bans, gun safety laws, and election integrity making their way to state supreme courts across the US in recent years, Bolden and Thomas will likely have a hand in making some big decisions for Michiganders.

ACLU Deputy Legal Director Bonsitu Kitaba thinks Michiganders should feel relieved that the two, conservative, Republican-backed candidates weren’t able to shift partisan control in the Court.

“There is a pro-civil rights and pro-civil liberties majority on the court and how that shows up will depend on the cases,” Kitaba told The ‘Gander during an interview this week. “But we’re hoping that we’ll be able to—as we see more and more hostility at the federal level—hopefully see some protections and a firewall still being able to be executed in Michigan through the court.”

‘A Loud Message’

Ahead of Election Day, both Republican-backed candidates for the Court, Andrew Fink and Patrick O’Grady, had publicly embraced a textualist view of the law—which is the same legal principle that ultimately guided the US Supreme Court in overturning Roe v. Wade. 

And while the Michigan Supreme Court has repeatedly ruled to protect abortion rights, Kitaba was concerned how that might change if right-wing judges took over the bench—particularly if they were to try to dismantle Michigan’s recent constitutional protections for abortion.

In September, officials at the ACLU of Michigan also voiced concern for the future of workers’ rights, voting rights, and LGBTQ rights in Michigan, in the absence of a Democratic-backed majority on the state’s top court to help ensure they stay protected for the long-term future.

But this week, as the dust settles on the election, Kitaba is breathing a sigh of relief—and encouraging Michiganders to do the same, even if they feel defeated by the other results.

“This vote—highlighting where the candidates stood on reproductive rights—further cemented [Michiganders] need to go out and vote for these values,” Kitaba told The ‘Gander. “It’s a further cementing of those values and a loud message that they believe in these fundamental rights and they understand that the state Supreme Court will still be weighing in on these issues.”

What’s next? 

The ACLU of Michigan is monitoring several legal cases that could wind up in the Michigan Supreme Court over the next few years—particularly those related to reproductive rights, juvenile justice reforms, and legal protections to prevent discrimination against LGBTQ people.

And with federal courts taking an increasingly restrictive approach to civil rights and liberties, and Republicans taking control of the Michigan House of Representatives, Kitaba said the newly elected justices will likely have an opportunity to clear the air on a wide array of legal issues.

“We’ve seen that the Sixth Circuit federal court, in general, has been really hostile to civil rights and civil liberties issues,” Kitaba said. “So, we’re hoping to bring more cases and to support more cases in the Michigan Supreme Court, maybe highlighting the importance of an element of a case that involves civil rights and civil liberties and then urging them in the right direction.”

Other cases that have landed in the Michigan Supreme Court in recent years have ultimately dictated changes to the state’s minimum wage and sex offender registry, decided parental rights and police authority, interpreted changes to the state’s insurance laws and public health orders.

This month, the Court is also reportedly hearing arguments pertaining to water pollution, which could decide whether corporations should be responsible for efforts to clean up their mess.

Environmental groups—like For the Love of Water—have also celebrated Bolden and Thomas’ recent victories as a “silver lining” in Michigan’s otherwise cloudy election results, namely because they trust Democratic-backed judges to take a protective view of the Great Lakes.

“Michiganders are starting to see the importance of the state Supreme Court, the role that they play in deciding cases, and the effect on their day-to-day lives,” Kitaba added. “People turned over the ballot, voted in the non-partisan section, and made their values known. That is a huge success both for democracy, for elections in general, and the importance of seeing our judiciary as an important backstop and important part of the checks and balances of our system.”

Bolden and Thomas didn’t respond to multiple interview requests after the election. In previous interviews, Thomas said that she would bring a “new voice of fairness and integrity” to the state Supreme Court. Bolden also pledged to make all legal decisions “without fear or favor.”

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

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