By Ben Solis
Gongwer News Service
Rep. Andrew Fink and Branch Circuit Judge Patrick O’Grady may have had a late start to campaigning for their respective Supreme Court races, but the candidates believe they are well positioned to make the case for conservative change on the court in 2024.
Fink (R-Hillsdale) and O’Grady were nominated by Michigan Republican Party delegates at the convention in August, beating out Court of Appeals Judge Mark Boonstra and attorney Alexandria Taylor. The late summer convention put them a little behind their Democratic rivals, who were all but recognized as the party’s candidates in February.
Fink is facing Kimberly Thomas for a full term replacing retiring Justice David Viviano. O’Grady is running against Justice Kyra Harris Bolden for a partial term.
In separate interviews with Gongwer News Service, Fink and O’Grady said they are making moves to reach key voters when it matters most in the final weeks of the election cycle. They’re also trying to catch up in the advertising game, including new ads from outside groups like the Michigan Farm Bureau, which they hope will relay their messages of Constitutional originalism that can restore a conservative majority to the current 4-3 majority held by the Democrats.
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This is the second story in a two-part series on the Michigan Supreme Court. The first part focused on the campaigns of the Democratic nominees.
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“Every citizen is entitled to the same due process regardless of who you are, who your friends are, and the courts need to serve the people,” Fink said. “That includes making sound decisions and administering the court system in a way that suits citizens. When it comes to those decisions, it’s about following the laws written by the people or their representatives rather than the personal preferences of the judge.
Those are the messages I took into the race from the get-go, and still, those are the things I think are resonating right now.”
Similarly, O’Grady said he and Fink have “great momentum at this point in time going forward.”
“We’re working hard every day,” O’Grady said. “I think it’s like a marathon that you continually work hard, and you go all the way through the finish line.”
With less than two weeks until Election Day, those watching the race closely have opined that the Democratic-nominated candidates were in the driver seat in terms of campaign funding, spending and on the issues that are moving the race in 2024, like reproductive, civil and voting rights. But some said that didn’t mean the election was quite wrapped up yet. Data from AdImpact shows spending and future reservations by and on behalf of the Democratic candidates on television, radio, digital platforms and streaming services tops the Republicans, $5.8 million to $301,000.
Both the race for the full term and partial term could decide the future of the high court bench and its ideological tilt, as victory for Fink and O’Grady in November would flip the Democratic Party’s hold on the majority. The bench would go from its current 4-3 spread to a 5-2 conservative majority should the Republicans win both of their respective races.
Both candidates said they are working hard to get out and meet voters face-to-face. Fink announced that he was running for Supreme Court well before Viviano announced his retirement, allowing the incumbent representative an avenue to share his vision for the court. When it became apparent that Viviano would not seek reelection, Fink announced that he would seek his seat.
He told Gongwer he was confident in his ground game, as he was the only Republican in the race at that point making a bid for the high court.
Although he is known political commodity to Republicans through his work in the Legislature, Fink said his biggest advantage is that he’s essentially been in campaign mode for the last five years.
“Getting up and getting after it every day is not a challenge for me,” Fink said.
O’Grady said he’s been waging a deeply grassroots campaign with door-to-door voter interactions, some digital media and as much outreach as possible. He also toured the Upper Peninsula with 12 stops across Michigan’s two time zones and 600 miles of travel.
“This is a true grassroots, county to county, town to town, store to store, door to door initiative,” O’Grady said.
All that work and messaging has gone a long way, the candidates said, but some of those watching the race closely have said it is hard to spread the message effectively without advertising. That said, the noise at the top of the ticket is likely drowning out political messaging on down ballot races, and by proxy, any messaging regarding the Supreme Court race.
That didn’t stop Bolden and Thomas from banding up to get an early start on the battle for the airwaves during a time when the Republican candidates were just getting solidified.
O’Grady acknowledged the initial lack of advertising and campaign funding, noting that outside groups are stepping up now to fund their campaigns as they ramp up.
“I think that everything is peaking at the right moment, instead of going too early, and obviously, when you look at the Republican convention, it was scheduled very late in the year,” O’Grady said.
“Republicans did not have a candidate until late August, late in the evening, before we could start really running as candidates. It was a contested convention all the way. It really compresses that compared to the other party. They can get a much earlier start.”
Putting that aside, O’Grady said he and Fink have two strengths: an incredible grassroots ground game and new support in campaign funding and advertising.
“We are up on some digital advertisements and have been aggressive in the earned media space,” Fink said. “Some of the necessary things are happening to make sure that people hear about me and can make an informed choice.”
Both Fink and O’Grady said they were aware of Michigan Farm Bureau radio ads supporting them. AdImpact reported that the Farm Bureau has spent or reserved $440,000 in radio ads on the Supreme Court race.
Holding the line and filling Viviano’s seat with a conservative justice is a major priority for the Michigan Republican Party, and Fink’s election would help keep the court from going to a 5-2 liberal majority even if Bolden were able to secure victory as an incumbent.
But 2024 could shape up to be a change election if the Democrats’ current hold on the presidency, Michigan’s executive offices, both chambers of the Legislature and the state Supreme Court motivate enough Republicans and independents to choose a different course.
For Fink, the prize isn’t the majority, but rather a court that is fair to all who enter its chambers, and one that respects the letter of the law as its paramount charge.
“I want to serve with justices who take a sound view,” Fink said. “When I say that, I’m not afraid to work with anybody, I’m actually excited to work with whoever happens to be on the court.”
Fink said it would be it’d be great if O’Grady and he were elected together. Whatever the makeup of the court is when he gets there, Fink said he won’t have any difficulty working with the current bench, talking about the law and how he thinks it applies to cases at hand.
“In that sense, I haven’t lost any sleep worrying about who the other justices on the court happen to be, because I just don’t think it changes what my job is,” Fink said.
O’Grady said the court needs to look less at politics and more at the application of the law as it was crafted by the Legislature. The Branch County judge also emphasized that a bench filled with justices who may not have the same rule-of-law judicial philosophy would ultimately mirror the current makeup of the court.
“A non-rule-of-law bench is already prevailing in many very key cases, and we’re starting to hear that from the constituents around the entire state, whether it be individual people or individual industries, all of a sudden, they’re beside themselves as to their feeling the ground move under their feet, in reference to the rulings that are occurring under the current court over the last few years,” O’Grady said. “Where before it was very much a rule of law court, there was a very high level of continuity. There’s a high level of predictability, which really allows us to guide our lives accordingly, because we realize that the rule of law will be followed. We have a great understanding of what that law is going into the courtroom, into a case, into the court system.”
Instead, O’Grady said constituents see the current makeup up of the court as not just having a different philosophy, but rather not philosophy at all in applying the law, as written.
“It’s basically like the wild west,” O’Grady said. “You may have a judge that applies what they think law ought to be, or what they thought the Legislature intended versus what they wrote. And when you do that, you totally change the dynamic.”
O’Grady said that a court mirroring previous benches led by Justice Robert Young Jr., Justice Stephen Markman and Justice Maura Corrigan offers an opportunity to make sure everyone stays in their respective lanes.
“You apply the text, the actual words of the law, apply their plain meaning to the case, and it means something,” O’Grady said. “To do anything else, you’re becoming a judicial activist, and you’re legislating from the bench, which really undermines and violates not only the separation of powers of the Constitution, but you also lose the continuity and predictability for people to really put their actions in accordance with the law. Whether it be running your business, whether it be something in your personal life, it totally affects everything depending on what that decision is.”
Gongwer News Service
Rep. Andrew Fink and Branch Circuit Judge Patrick O’Grady may have had a late start to campaigning for their respective Supreme Court races, but the candidates believe they are well positioned to make the case for conservative change on the court in 2024.
Fink (R-Hillsdale) and O’Grady were nominated by Michigan Republican Party delegates at the convention in August, beating out Court of Appeals Judge Mark Boonstra and attorney Alexandria Taylor. The late summer convention put them a little behind their Democratic rivals, who were all but recognized as the party’s candidates in February.
Fink is facing Kimberly Thomas for a full term replacing retiring Justice David Viviano. O’Grady is running against Justice Kyra Harris Bolden for a partial term.
In separate interviews with Gongwer News Service, Fink and O’Grady said they are making moves to reach key voters when it matters most in the final weeks of the election cycle. They’re also trying to catch up in the advertising game, including new ads from outside groups like the Michigan Farm Bureau, which they hope will relay their messages of Constitutional originalism that can restore a conservative majority to the current 4-3 majority held by the Democrats.
—————
This is the second story in a two-part series on the Michigan Supreme Court. The first part focused on the campaigns of the Democratic nominees.
—————
“Every citizen is entitled to the same due process regardless of who you are, who your friends are, and the courts need to serve the people,” Fink said. “That includes making sound decisions and administering the court system in a way that suits citizens. When it comes to those decisions, it’s about following the laws written by the people or their representatives rather than the personal preferences of the judge.
Those are the messages I took into the race from the get-go, and still, those are the things I think are resonating right now.”
Similarly, O’Grady said he and Fink have “great momentum at this point in time going forward.”
“We’re working hard every day,” O’Grady said. “I think it’s like a marathon that you continually work hard, and you go all the way through the finish line.”
With less than two weeks until Election Day, those watching the race closely have opined that the Democratic-nominated candidates were in the driver seat in terms of campaign funding, spending and on the issues that are moving the race in 2024, like reproductive, civil and voting rights. But some said that didn’t mean the election was quite wrapped up yet. Data from AdImpact shows spending and future reservations by and on behalf of the Democratic candidates on television, radio, digital platforms and streaming services tops the Republicans, $5.8 million to $301,000.
Both the race for the full term and partial term could decide the future of the high court bench and its ideological tilt, as victory for Fink and O’Grady in November would flip the Democratic Party’s hold on the majority. The bench would go from its current 4-3 spread to a 5-2 conservative majority should the Republicans win both of their respective races.
Both candidates said they are working hard to get out and meet voters face-to-face. Fink announced that he was running for Supreme Court well before Viviano announced his retirement, allowing the incumbent representative an avenue to share his vision for the court. When it became apparent that Viviano would not seek reelection, Fink announced that he would seek his seat.
He told Gongwer he was confident in his ground game, as he was the only Republican in the race at that point making a bid for the high court.
Although he is known political commodity to Republicans through his work in the Legislature, Fink said his biggest advantage is that he’s essentially been in campaign mode for the last five years.
“Getting up and getting after it every day is not a challenge for me,” Fink said.
O’Grady said he’s been waging a deeply grassroots campaign with door-to-door voter interactions, some digital media and as much outreach as possible. He also toured the Upper Peninsula with 12 stops across Michigan’s two time zones and 600 miles of travel.
“This is a true grassroots, county to county, town to town, store to store, door to door initiative,” O’Grady said.
All that work and messaging has gone a long way, the candidates said, but some of those watching the race closely have said it is hard to spread the message effectively without advertising. That said, the noise at the top of the ticket is likely drowning out political messaging on down ballot races, and by proxy, any messaging regarding the Supreme Court race.
That didn’t stop Bolden and Thomas from banding up to get an early start on the battle for the airwaves during a time when the Republican candidates were just getting solidified.
O’Grady acknowledged the initial lack of advertising and campaign funding, noting that outside groups are stepping up now to fund their campaigns as they ramp up.
“I think that everything is peaking at the right moment, instead of going too early, and obviously, when you look at the Republican convention, it was scheduled very late in the year,” O’Grady said.
“Republicans did not have a candidate until late August, late in the evening, before we could start really running as candidates. It was a contested convention all the way. It really compresses that compared to the other party. They can get a much earlier start.”
Putting that aside, O’Grady said he and Fink have two strengths: an incredible grassroots ground game and new support in campaign funding and advertising.
“We are up on some digital advertisements and have been aggressive in the earned media space,” Fink said. “Some of the necessary things are happening to make sure that people hear about me and can make an informed choice.”
Both Fink and O’Grady said they were aware of Michigan Farm Bureau radio ads supporting them. AdImpact reported that the Farm Bureau has spent or reserved $440,000 in radio ads on the Supreme Court race.
Holding the line and filling Viviano’s seat with a conservative justice is a major priority for the Michigan Republican Party, and Fink’s election would help keep the court from going to a 5-2 liberal majority even if Bolden were able to secure victory as an incumbent.
But 2024 could shape up to be a change election if the Democrats’ current hold on the presidency, Michigan’s executive offices, both chambers of the Legislature and the state Supreme Court motivate enough Republicans and independents to choose a different course.
For Fink, the prize isn’t the majority, but rather a court that is fair to all who enter its chambers, and one that respects the letter of the law as its paramount charge.
“I want to serve with justices who take a sound view,” Fink said. “When I say that, I’m not afraid to work with anybody, I’m actually excited to work with whoever happens to be on the court.”
Fink said it would be it’d be great if O’Grady and he were elected together. Whatever the makeup of the court is when he gets there, Fink said he won’t have any difficulty working with the current bench, talking about the law and how he thinks it applies to cases at hand.
“In that sense, I haven’t lost any sleep worrying about who the other justices on the court happen to be, because I just don’t think it changes what my job is,” Fink said.
O’Grady said the court needs to look less at politics and more at the application of the law as it was crafted by the Legislature. The Branch County judge also emphasized that a bench filled with justices who may not have the same rule-of-law judicial philosophy would ultimately mirror the current makeup of the court.
“A non-rule-of-law bench is already prevailing in many very key cases, and we’re starting to hear that from the constituents around the entire state, whether it be individual people or individual industries, all of a sudden, they’re beside themselves as to their feeling the ground move under their feet, in reference to the rulings that are occurring under the current court over the last few years,” O’Grady said. “Where before it was very much a rule of law court, there was a very high level of continuity. There’s a high level of predictability, which really allows us to guide our lives accordingly, because we realize that the rule of law will be followed. We have a great understanding of what that law is going into the courtroom, into a case, into the court system.”
Instead, O’Grady said constituents see the current makeup up of the court as not just having a different philosophy, but rather not philosophy at all in applying the law, as written.
“It’s basically like the wild west,” O’Grady said. “You may have a judge that applies what they think law ought to be, or what they thought the Legislature intended versus what they wrote. And when you do that, you totally change the dynamic.”
O’Grady said that a court mirroring previous benches led by Justice Robert Young Jr., Justice Stephen Markman and Justice Maura Corrigan offers an opportunity to make sure everyone stays in their respective lanes.
“You apply the text, the actual words of the law, apply their plain meaning to the case, and it means something,” O’Grady said. “To do anything else, you’re becoming a judicial activist, and you’re legislating from the bench, which really undermines and violates not only the separation of powers of the Constitution, but you also lose the continuity and predictability for people to really put their actions in accordance with the law. Whether it be running your business, whether it be something in your personal life, it totally affects everything depending on what that decision is.”
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