The American Civil Liberties Union of Michigan has made a major investment of about $2 million into two races for the state Supreme Court. The ACLU Voter Education Fund will run statewide radio ads for seven weeks leading up to the November election. The focus of the messaging will primarily be on the candidates’ records on reproductive rights. Although abortion rights have been enshrined in the Michigan state constitution, Democrats and their allies are framing the state Supreme Court race through the lens of reproductive rights, highlighting the potential impact the court could have on the topic in the future.
Michigan’s state Supreme Court elections are officially nonpartisan, but candidates are nominated at state party conventions. The ACLU, known for supporting abortion access and challenging restrictions across the country, is not endorsing specific candidates in the Michigan races. However, the advertising will likely benefit Democratic-backed candidates Justice Kyra Harris Holden and law professor Kimberly Ann Thomas, who will be facing Republican-nominated Judge Patrick O’Grady and state Rep. Andrew Fink, respectively. Currently, Democrat-backed justices hold a 4-3 majority on the court, and the ACLU’s ad campaign will also highlight other issues such as LGBTQ+ rights and voting access.
The investment from the ACLU marks the first time the political action committee has put money into a Michigan Supreme Court race. In addition to supporting the state Supreme Court candidates, the national ACLU is also investing about $300,000 into state House of Representative races. Democrats in Michigan view reproductive rights as a significant voter motivator and believe the state Supreme Court could play a crucial role in interpreting the 2022 constitutional amendment on abortion in future cases. On the other hand, Michigan Republicans are framing the state Supreme Court elections as a way to combat government overreach from the Democratic trifecta and argue that the issue of abortion is settled law with the constitutional amendment.
The Democratic party in Michigan is also heavily investing in the high court races, with more than $1 million allocated for digital advertising. Bolden and Thomas, the Democratic-backed candidates, are also running a $1.5 million TV ad campaign. Campaign finance reports show that Bolden and Thomas have raised significantly more funds compared to their counterparts, with contributions from political action committees tied to labor unions and prominent Democrats like Gov. Gretchen Whitmer and Secretary of State Jocelyn Benson. Republican-nominated candidates faced challengers at their party convention in August and are now in catch-up mode in terms of fundraising and spending. State Supreme Court races have gained heightened importance following the U.S. Supreme Court’s decision to overturn Roe v. Wade, as states now have greater authority over abortion policy. With contested races in other states like Wisconsin, Pennsylvania, Ohio, and Montana, the battle for control of state Supreme Courts is becoming increasingly heated.
