Race to Watch: Kimberly Ann Thomas vs. Andrew Fink for Michigan Supreme Court

Michiganders have some big decisions to make in November—including a choice between electing Kimberly Ann Thomas or Andrew Fink to a seat on the state Supreme Court.

MICHIGAN—Law professor and longtime criminal defense attorney Kimberly Ann Thomas, a Democrat, will face off in the November election against two-term state Rep. Andrew Fink, a Republican, to replace soon-to-retire Michigan Supreme Court Justice David Viviano.

Every eligible registered voter in Michigan can vote in this race, which may appear on the backside of the ballot, and the winner will go on to serve an eight-year term on the Court. 

Unlike the US Supreme Court, where judges are appointed and (at least theoretically) expected to be non-partisan, state Supreme Court justices in Michigan are nominated by political parties and have a specific party affiliation—though that party affiliation is not displayed on the ballot.

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

With crucial decisions involving reproductive rights, abortion bans, gun safety laws, and election integrity all making their way to state supreme courts across the country in recent years, whoever wins will likely have a hand in making some big decisions for the people of Michigan.

Here’s a quick primer on the race, along with links to some other relevant news:

Kimberly Ann Thomas

Kimberly Ann Thomas is a law professor at the University of Michigan Law School and director of the Juvenile Justice Clinic, where she and law students represent people who can’t afford lawyers. She also teaches students about legal ethics and provides support for Michigan youth.

If elected in November, Thomas said she plans to “bring a new voice of integrity and fairness” to the state Supreme Court—using a judicial philosophy “grounded in her knowledge applying the law and dedication to equal justice for all Michiganders,” according to her campaign website.

“I really understand how our court systems function, what that experience is like, what clients feel in that system, and how they want to be heard,” Thomas told The ‘Gander this summer. “They want to make sure their voices are respected. They worry about the quality of justice.”

Thomas studied at the University of Maryland and received her law degree from Harvard Law School. She has also taught law school in Ireland, and received a Fulbright Scholar award.

More recently, she also served on the state’s Task Force on Juvenile Justice Reform, which took a data-driven approach to recommend ways to help improve the state’s juvenile justice system.

Thomas’ experience representing low-income Michiganders and teaching students legal ethics will help her “bring a voice of integrity and knowledge” to the state Supreme Court and ensure “access to justice and that each litigant is heard and respected,” her campaign website states.

“I don’t prescribe to a particular philosophy,” Thomas told The ‘Gander. “I think we need our state court justices to get it right. We really need them to be careful. We need them to do all the work. We need them to listen, pay attention, and not think they know it all right away.”

Ahead of the election, Thomas has been endorsed by several major reproductive rights groups, which say that Michiganders can trust Thomas to protect their legal right to access abortion.

Andrew Fink

State Rep. Andrew Fink (R-Adams Township) opted against running for a third term in the state Legislature this year to instead pursue a Republican bid for the Michigan Supreme Court.

During a recent debate, Fink told attendees that he subscribes to a “constitutional conservative” judicial philosophy—which is the same mentality that has been used by judges in other courtrooms, like the US Supreme Court, to peel back abortion rights for millions of women.

Believers in this philosophy essentially argue that because the word “abortion” isn’t literally included in the text of the Constitution, then reproductive health care cannot be considered a “fundamental constitutional right,” as Justice Samuel Alito wrote for the majority in Dobbs v. Jackson Women’s Health Organization, which overturned abortion rights set out in Roe.

During his time in the Legislature, Fink sponsored legislation to ban abortion after fetal viability, as well as a bill that would have reportedly created a legal loophole in the state’s newly expanded civil rights laws—namely by allowing for discrimination against LGBTQ people, just as long as that discrimination aligned with the practice of a religion. Both bills failed to advance.

According to his campaign website, Fink is running for the state Supreme Court “because our justice system needs to be focused on the law” and because he felt compelled by a “sacred duty” to uphold the Constitution. His campaign website doesn’t mention any other specific issues beyond a broad commitment to “defending our rights” and “constitutional freedoms.”

“I am ready to take the oath of office and do justice under law,” his website states.

Fink is also a vocal election denier and a member of the Federalist Society, a right-wing legal network that has reportedly adopted a wide range of election-related conspiracy theories and whose members have publicly promoted false statements about a “stolen” election in 2020.

After Trump lost the 2020 presidential election, Fink joined dozens of armed protestors at the Michigan state Capitol for a “Stop the Steal” rally in protest of President Joe Biden’s victory.

And since taking office, Fink has repeatedly voted against bills that were designed to make it easier for Michiganders to vote—including new laws to expand voter registration—as well as laws that criminalize poll worker intimidation and regulate artificial intelligence political ads.

Fink also has a bachelor’s degree from Hillsdale College, a college that has reportedly become involved in many political issues in recent years—including Trump’s attempt to overturn his defeat in 2020. Fink also reportedly worked as a district director for former state Senate Majority Leader Mike Shirkey, who falsely claimed that the Jan. 6 attack on the US Capitol was staged.

During the recent Republican candidate debate, Fink also said that he personally admires US Supreme Court Justice Clarence Thomas, who, in addition to facing a corruption scandal, generally opposes constitutional protections for abortion and LGBTQ rights. 

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