Fink and Boonstra in tight race for Republican nomination to replace Viviano

By Ben Solis
Gongwer News Service

Court of Appeals Judge Mark Boonstra and Rep. Andrew Fink are running neck-and-neck in a tight race for the Republican nomination to replace the retiring Justice David Viviano, with both candidates garnering support from party delegates ahead of the weekend’s nominating convention.

Former 15th Circuit Court Judge Patrick O’Grady has also been working hard to lock up his race for nomination to a partial term currently held by incumbent Justice Kyra Harris Bolden, with sources tracking the race speaking on background saying O’Grady has pulled ahead of the pack among three candidates.

Gongwer News Service spoke to several sources on background about the GOP Supreme Court nomination campaigns, many of whom said that Boonstra versus Fink (R-Hillsdale) remains a coin flip, and could come down to the wire at convention, which is scheduled to begin Saturday morning in Flint.

Those same sources noted that O’Grady was running a more robust campaign than his challengers in attorney Matt DePerno and Alexandria Taylor. Some said DePerno wasn’t quite resonating with delegates the way he had in his 2022 run as the GOP nominee for attorney general, while Taylor was, but not enough to topple O’Grady.

Boonstra and Fink, in separate interviews with Gongwer, said they feel good about where they are at with days left to wrangle delegates.

For Boonstra, who has a judicial track record of three previous elected terms on the Court of Appeals representing the 3rd District, experience matters, and that’s what he’s been telling delegates.

“I think it really does, and I think those who held the position before, who know what it entails and what is needed there, will say the same thing. That’s why they’re supporting me, because I have extensive judicial experience,” Boonstra said. “I’m now in my 13th year on the Court of Appeals. We decide the same cases have been go up to the Supreme Court, right? I can hit the ground running on day one.”

Boonstra said he also has a proven track record of judicial opinions he’s written over the last 13 years, so delegates know exactly what they’re getting in a potential Justice Boonstra.

“I think that I have been a consistent and reliable judicial conservative, which I believe is what is what we need, and I will continue to do that on Supreme Court,” he said.

When asked how his campaign was going in the final days, Fink said, “we feel very prosperous.”

Fink said he’s been working to make sure delegates know his background, as a Hillsdale College graduate, a former University of Michigan chapter president of the Federalist Society, a judge advocate with the U.S. Marine Corps and as a member of the House Judiciary Committee .

He, too, said he has a track record delegates and voters can depend on.

“Which is why a group like CPAC is giving me a 95 percent rating in their endorsement for this. and it’s not just that it’s a conservative track record, but because I really emphasized, and say even elevated constitutional issues as a member of the House,” Fink said. “My career has also allowed me to develop the skills relevant to being a Supreme Court justice.”

Fink has also been making the case that Boonstra, who is currently 67 years old, would likely only serve one term as a justice, because the Constitution bars justices from seeking reelection after they reach 70 years old. Fink is 39 years old as of this summer, and his potential ascendency to the high court would allow him to run for reelection several times.

“Strategically, none of that makes much sense to me, and so, I’m just asking people to think about it from that perspective,” he said. “And that’s why someone like former Governor John Engler, who I think is most responsible for building a conservative judiciary in Michigan, he’s seen it the same way, and has been very close to my campaign and very helpful in supporting me.”

What Boonstra has going for him that Fink doesn’t have is the coveted endorsement of former President Donald Trump. Although the Supreme Court candidates are running on the non-partisan section of the ballot, a win from Trump could raise the electoral might of all Republican-nominated candidates in November.

As for the reason behind his run now after many years on the Court of Appeals, Boonstra said he wants to continue helping the state build sound conservative jurisprudence, and that he was encouraged to run by several people “that I respect and who have held the office themselves.”

His endorsements include nods from four former chief justices of the Supreme Court: Robert Young Jr., Maura Corrigan, Stephen Markman and Clifford Taylor. Boonstra also has the endorsement of several colleagues on the Court of Appeals and retired judges from across the state’s judiciary.

“They believe that I have the right judicial philosophy and the right judicial experience to help at the court, and to help with sounds judicial decision making at the court that follows the rule of law and respects the separation of power,” Boonstra said. “Candidly, and without any disrespect, I think we have lost that degree of respect currently. We had it one time, not that many years ago, and I want to help return the court to the respectability that I think it once had.”

Fink said the current court – with a heavy Democratic Party-nominated slant and a Republican Party-nominated incumbent chief justice who is often labeled a swing vote – lacks an originalist or “rule of law” justice.

“I don’t think that the rule of law and the original meaning of the text of the relevant law to a given case is at the forefront of the litigation. Instead, it seems to me that left-wing policy priorities are at the forefront of the resolution of the cases,” Fink said. “Once Justice Viviano decided to not run for reelection, it seemed to me it was important for someone to stand in and be a transformational leader, taking into account where the court is today, and where those of us who favor an originalist, rule-of-law perspective of judicial decision making want to see that court go.”

Fink was endorsed by Engler and the Conservative Political Action Committee and two local county Republican parties, former Attorneys General Bill Schuette and Mike Cox, several county sheriffs and a multitude of grassroots leaders. Fink has also received endorsements from Republican advocacy groups like the Michigan Taxpayers Association, Rescue Michigan, the Hillsdale Economic Development Partnership and Pure Integrity for Michigan Elections.

Those watching the race said it was unclear who would come out on top in the Boonstra versus Fink matchup, as both have been hitting the pavement, reaching out to delegates and trying to win over as many as possible. That includes cold calls to delegates.

Others said it was apparent that Boonstra and Fink were not only running strong campaigns, but were doing all the right things to ensure delegates knew who they were voting for. That includes having a strong organization to keep whipping votes on the convention floor, and not just relying on their ground games pre-convention.

The situation was not considered contentious, or at least to the degree that some other party nominated races this year have the potential to be, but Fink did announce his run for Supreme Court well before Viviano decided to retire, saying he was going to run for the partial term that is also being sought by Bolden.

But Viviano’s departure opened up a full eight-year term that became immediately attractive to Fink, who was already laying the groundwork for a Supreme Court campaign in 2024. Boonstra entered the race after Viviano announced his exit.

Both candidates have strong conservative judicial philosophies and could be, in many ways, a steady conservative voice on the high court, which Viviano eventually became, more akin to Justice Brian Zahra and unlike the swing-vote patterns of Chief Justice Elizabeth Clement. That factor could be making the decision harder for some delegates.

Overall, Boonstra raised $35,230 in total contributions from donors, and $2,621 in-kind contributions. Boonstra has spent a good deal of that money, according to his pre-convention campaign finance report, with $28,185 total expenditures.

Aside from the $20,725 Boonstra loaned his campaign, his largest donors were former MIGOP Chair Ron Weiser ($8,325), Paul Ganz ($1,000), and surprisingly Cox ($1,250), who publicly endorsed Fink.

The representative from Hillsdale has raised far more, according to this pre-convention filing, with $100,257 in the cycle and $81,507 of those funds in the most recent reporting period. Fink spent $65,577 this period and $82,416 throughout his campaign.

Among his largest donors, Fink raised $8,325 each from JC Huizenga, the founder of National Heritage Academies, former Secretary of State Terri Land and Daniel Hibma, owner of the Land & Company property management firm.

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O’Grady ahead in race for partial term


Several sources noted the campaign prowess of O’Grady as being a reason for his domination, with some saying the race for the partial term nomination was his to lose.

O’Grady was said to be running an active campaign, and doing all of the things that Boonstra and Fink were doing on their side of the delegate ballot. He was also the first among the challengers to announce his run, followed soon after by Taylor and then DePerno.

Some sources said he was resonating with delegates in a big way and that DePerno and Taylor were getting little traction, but another said Taylor was at least resonating more than DePerno was with the state’s delegates.

O’Grady did not respond to a request for an interview.

The former judge has raised $21,790 throughout the campaign cycle and spent $16,641 of those donations since starting his campaign, according to this pre-convention campaign finance filing. His largest donors have been attorney Alan Ackerman ($5,000) and Home Depot bookkeeper Cynthia Monte ($5,000).

Few who spoke to Gongwer said DePerno was running a campaign like someone who wanted the seat, but some did say he was doing the work, and appearing at some local events.

The grassroots delegates still have an affinity for DePerno, some said, as he is currently facing prosecution for his alleged attempts to illegally obtain voting machines in order to prove unsubstantiated voter fraud in the 2020 election – a talking point that still resonates with some election integrity-minded delegates.

Others said DePerno, who bested former House Speaker Tom Leonard for the Republican nomination for attorney general in 2022, certainly knows how to prepare for a delegate fight at convention, but hasn’t show them that he’s been preparing for it this time.

Some sources noted there was a fear that DePerno’s name and reputation could sink the Supreme Court ticket if he were nominated, and potentially hurt Trump’s chances at the top of the ticket.

Others said delegates in places like Livingston County who actively supported DePerno in his race for MIGOP party chair against the now-ousted Kristina Karamo, were in turn vocally supporting O’Grady for Supreme Court justice in 2024.

DePerno’s pre-convention campaign finance report shows he raised just $136 throughout the election cycle and spent $88. His figures were noted by a reporter for The Detroit News on X, formerly Twitter, but DePerno responded by saying that since that post, money has been rolling in.

A late campaign finance report filed by DePerno after the August deadline shows that a single donor, Demitri Dernis of Illinois, gave this campaign $1,041 in one itemized contribution.

Taylor was seen as a bit more of a wild card, with some sources saying they haven’t seen a particularly organized campaign from her. There was also a concern among some delegates about her conversion to Republican politics and tried-and-true conservatism based on her past.

But she is known for representing Karamo in her lawsuit against Detroit following the 2020 election, and has been espousing the right talking points to show delegates she’d have a clear conservative vision for the Supreme Court. What’s hurting her ahead of the convention, some said, is her ability to get her name out.

Taylor has raised $8,119 during the campaign cycle with $1,018 in-kind donations. She’s spent $586 throughout the campaign. Aside from the large sums she’s loaned her campaign, Taylor’s largest donor was Michal Glass of Rapid River with $200.

Neither DePerno nor Taylor have any endorsements listed on their respective campaign websites.

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