Michigan Supreme Court | Susan J. Demas
The surprise announcement by Michigan Supreme Court Chief Justice Elizabeth Clement that she will step down from that post could ensconce Democratic control of the court for at least the next decade.
Clement, who said late Wednesday she would be leaving the state’s highest court no later than April 30, plans to take on the role as president of the Virginia-based National Center for State Courts, a nonprofit that provides assistance and resources to courts both nationally and around the world.
While the announcement was unexpected, Adrian Hemond, a Democratic political consultant who operates Lansing-based Grassroots Midwest, says it really isn’t a surprise why Clement is leaving.
“The job she’s taking, what will be her predecessor in that job, was getting paid about double what she does as a Supreme Court justice. We don’t have to go looking far for explanations,” he said. “Most people if you come to them and say ‘Hey, I have a job opportunity for you. I’ll double your salary,’ how many people are going to say no to that?”
Regardless, the vacancy Clement will leave when she departs means Michigan Gov. Gretchen Whitmer, a Democrat, will have the opportunity to appoint someone to fill the remainder of the term, which runs through 2026.
Although state Supreme Court candidates appear on the nonpartisan section of the ballot, state parties nominate candidates to run for the position.
Clement was appointed by former Gov. Rick Snyder, a Republican, in November 2017 and ran for a full eight-year term after being nominated by Republicans in 2018. Her departure shifts the court from a 5-2 Democratic-nominated majority to a 6-1 majority.
Hemond says in practical terms, that may not mean as much, considering that Clement, in his estimation, is not someone Democrats have had a hard time working with.
“She is not straight out of central casting for a conservative justice. She’s voted with the Democrats quite a bit, so in terms of which Republican Democrats would’ve rather resigned it wasn’t her. They work with her just fine,” said Hemond.
Clement’s departure will leave Justice Brian Zahra as the lone Republican-nominated jurist on the court. His term runs through 2030, at which point he will be 70 and ineligible to run again.
However, Hemond says the immediate advantage for Democrats is helping to smooth out what is expected to be a bumpy 2026 election cycle in Michigan with the entire state House and Senate on the ballot, as well the governor, secretary of state and attorney general, not to mention an open U.S. Senate seat.
“There are no guarantees in politics, but this makes it very likely that [Democrats] will hold the seat now,” he said, “Who’s got the money to finance a campaign to unseat an incumbent Supreme Court justice in that environment?”
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