Dem nominated Supreme Court candidates are in 2024 driver seat. What are they doing to stay there?

By Ben Solis
Gongwer News Service

Justice Kyra Harris Bolden and fellow Democratic Party-nominated Supreme Court candidate Kimberly Thomas teamed up early this year to run as a duo for 2024’s open high court seats, and the party’s early nod to their candidacies gave them the head start they may have needed.

Bolden and Thomas have a big advantage in terms of campaign cash and have outspent their Republican Party rivals in advertising. In interviews with Gongwer News Service, the incumbent justice and Thomas, a seasoned trial-appellate lawyer and academic but a relative newcomer to statewide politics seeking to replace the retiring Justice David Viviano, said they’re just sticking to the plan.

“Kimberly and I came out of the gate together, going to events together,” Bolden said. “We obviously have joint commercials together, which is very helpful. We anticipated a fight all along, so we never, despite whatever the numbers were or what was going on, we never took our foot off the gas. We’ve been full steam ahead since February 15, when you’re allowed to open a candidate committee for a judicial race. We have a plan. We’re working the plan.”

This is the first story in a two-part series on the Michigan Supreme Court. The second part will focus on the campaigns of the Republican nominees.

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 Bolden and Thomas in November would further solidify the Democratic Party’s hold on the majority from its current 4-3 spread to 5-2.

With about 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.

Speaking to Gongwer News Service in separate interviews, however, Bolden and Thomas said they weren’t feeling the pressure and remained focused on the task at hand, which is trying to reach as many voters as possible in the crucial final weeks of the contest.

“With this being my fourth election, candidates can never be 100 percent sure (of victory),” Bolden said. “But I’m definitely encouraged by the level of support we’ve received. We have raised over $1.7 million at this point, and we have over 5,500 individual donors to this campaign. … We’re going across the state of Michigan, and we’re hearing really positive things.”

Bolden is seeking to serve out the remainder of former Justice Bridget McCormack’s term after Governor Gretchen Whitmer appointed her to replace McCormack, who vacated her seat in 2023 with six years remaining in the term she won in 2020.
Bolden’s appointment came a couple months after she came within a few percentage points of unseating conservative Justice Brian Zahra in 2022.

The incumbent justice faces Branch Circuit Judge Patrick O’Grady in November.

Meanwhile, Thomas is seeking an open seat with Viviano not seeking reelection, which would be a big pickup for the Democrats in the high-stakes nonpartisan race. Thomas, a law professor at University of Michigan Law School and director of the Juvenile Justice Clinic, faces Rep. Andrew Fink (R-Hillsdale), who announced his run for Viviano’s seat on the day the current justice decided not to seek reelection.

Both candidates said they’re putting rubber to the road and traveling across the state to meet with voters, including multiple trips to the Upper Peninsula and out west to places like Grand Rapids and surrounding cities.

Bolden said she was getting a positive reception, noting that this was her second go at seeking a seat on the high court via the ballot box.

“I lost by whisker in 2022, so we’re building on that,” Bolden said. “I’ve been telling people about my message of justice for generations. … For me, that means that we don’t just have justice for the people here in the now. The decisions we make will affect generations to come. So, you’re not just voting for (a justice as a singular person). While that’s important, it’s also important to make sure that the justice has empathy and compassion and awareness of the generational impacts of the decisions being made.”

Thomas said that she, too, sought to emphasize why the courts matter for people in the present but also in the future.

“I’ve been able to do that, and I’m going to continue to do that over the next few weeks,” Thomas said. “That’s the most important thing for people to understand, what the court does and that they have a chance to have their voices heard.”
Some of that work has been done in the digital realm of Zoom forums and meet and greets with the candidates, but both Bolden and Thomas took a shoe-leather approach to campaigning this cycle.

Thomas said that she’s likely spoken with voters in at least 70 of Michigan’s 83 counties, from Monroe to Houghton.

“My elevator pitch is that our Supreme Court is important and that we need to have the most experience and the greatest expertise, and that’s why I’m running,” Thomas said. “People can hopefully trust me with their vote to act with integrity on the court, and to act with diligence and to act with care for the laws that we have; to apply those fairly.”

Although Bolden has experience running for the Supreme Court, she said campaigning as an incumbent has been more difficult, even though she has distinct advantages this time around.

In 2022, Bolden said she started late.

“I didn’t know I was running for the Michigan Supreme Court, so I announced in April,” Bolden said. “And I was pregnant, so I had those challenges, along with going statewide and having a full-time job in the Legislature.”

Once on the court, Bolden said she had to adjust because, unlike in her political role as a state representative, being in the community was not a natural extension of her work as a justice.

“It is not a natural extension of a Supreme Court justice to be doing keynotes at churches or things like that. But those are things that I enjoy doing,” Bolden said. “Last year, I was doing one to seven events per week, and my secretary had to say, ‘Kyra, you have to slow down.’ Going up to the U.P. twice (to speak to constituents and campaign), going to Grand Rapids, with a job that is not built for the community or even to answer questions from the community, has been a bit more difficult.”

She’s pivoted well, however, Bolden said, focusing on voter education for the Supreme Court race on the back of the ballot and education on the judiciary’s role in government.

“Fortunately, I’ve built up the stamina from my previous races and serving in the Legislature to do both,” Bolden said.

The incumbent justice has a track record and a set of majority opinions voters can read to get the best feel for how Bolden will do if she is elected to her appointed seat.

Thomas has decades of experience of working within the courts and as a professor of blossoming young legal minds.

“That understanding of how the courts work is important,” Thomas said of her resume. “The ability to step back and really dig deep into what the laws are and what our precedent shows is important. That combination is a good fit for the work that the state Supreme Court has to do. The other piece is, it’s a seven-member body, so you have to be able to work collaboratively with those colleagues, the judges and other stakeholders across our state.”

At present, Bolden and Thomas said they feel confident about their abilities to message on those key issues in statewide advertising with the help of liberal groups, which have flooded their campaigns with cash.

To the efforts of others buying advertising, either supporting them or opposing their candidacies, Bolden said she and Thomas, who have been packaged together by the Democratic Party to help voters know who they are, remain focused on “just running our race and making the best case for us to be on the Michigan Supreme Court.”

Bolden is a well-known political commodity in Michigan, but Thomas has an uphill climb in terms of name recognition.

Asked if she also thought the flood of advertising, on their behalf and from their own campaigns, was working to elevate her name, Thomas said she hopes so.

She also hopes that things that she is putting out there “are positive.”

“I want to give people a reason to vote for me based on my background and experience and qualifications. That’s incredibly important,” Thomas said. “We want to give voters a choice on that. This isn’t like a presidential race where there’s bajillions of polls. I’m sure pundits have opinions on that, but all I can do is try to convey to people how well equipped and qualified I am for the job, and then let them express their opinion into those voting booths.”

Neither candidate said they have taken their perceived advantages for granted.

“My mindset is to earn as many votes as possible,” Bolden said. “Meet as many Michiganders, tell my story, answer questions that I am able to answer and put as much as I can into this race. That’s how I’ve approached all my elections, and I always run like I’m 10 points down. I don’t know what polls or what people are saying; I can only control what I can control.”

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