Bolden keeps her seat on high court bench, Thomas to replace Viviano

By Ben Solis
Gognwer News Service

The Michigan Supreme Court will have a 5-2 liberal majority at the turn of the year as Michigan Democratic Party candidates Justice Kyra Harris Bolden and University of Michigan professor Kimberly Thomas won election to the high court bench on Tuesday.

Bolden and Thomas won both of their respective races against Republican nominees Rep. Andrew Fink (R-Hillsdale) and Branch Circuit Judge Patrick O'Grady by wide margins, which was evident even on early Wednesday morning with only a little more than half of the state's unofficial results counted. Their victories further cement liberal control of the high court in Michigan, with five of its seven members now nominated by the Michigan Democratic Party.

The two Democratic candidates far outran the top of their ticket while the Republicans were unable to capture the support their top of the ticket received.

Bolden was appointed by Governor Gretchen Whitmer in 2022 following former Justice Bridget McCormack's early retirement. As an incumbent justice, she had a huge advantage compared to O'Grady, mainly having the designation of "Justice of the Supreme Court" next to her name on the nonpartisan portion of Michigan ballots.

Thomas replaces the conservative Justice David Viviano, who announced that he would retire and not seek reelection in 2024. That led Fink to announce that he would seek to be his conservative replacement, but Thomas's accolades as an academic and a seasoned trial/appellate attorney won over Michigan voters.

Working together as a unit instead of two separate entities supported by the same political machinery, Bolden and Thomas started early when the party endorsed them several months ahead of the official August nominating convention. That decision to name Bolden and Thomas as the eventual nominees gave the Democrats another early start on campaign organization and funding, which led to a huge campaign cash advantage.

In the end, Bolden and Thomas outspent their Republican rivals on key advertising that helped push them over the edge.

Bolden and Thomas will join Justice Richard Bernstein, Justice Megan Cavanagh and Justice Elizabeth Welch in the new liberal majority, while Chief Justice Elizabeth Clement and Justice Brian Zahra – nominated by the Michigan Republican Party – now see their minority shrink for the foreseeable future.

In some capacity, key decisions on the court could be near unanimous during the rest of the current 2024-25 high court term due to Clement's reputation as a swing vote who has at times landed in the majority with her Democratic colleagues, which would leave Zahra as the lone conservative voice of dissent.

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