ACLU pouring $2 million into Michigan Supreme Court races

LANSING, Mich. — The American Civil Liberties Union of Michigan plans to spend $2 million in the race for two seats on the Michigan Supreme Court, marking the first time the organization has tried to influence the election of justices to the state's highest court.

The ACLU also plans to spend $300,000 in three state House races where tight races could mean the end for incumbents in those seats.

The investments will be made through the group's Voter Education Fund, an independent expenditure political action committee whose rules prohibit the ACLU from advocating for any one candidate. Instead, the group plans to outline the stances of each candidate on issues such as abortion and voting rights.

Similar investments have been made recently in other tight state races around the country as part of the ACLU's $25 million investment targeting down ballot races that was announced in June.

In the past, the ACLU's involvement in down ballot races in Michigan has been sparing. In 2020, the group was involved in the Oakland County prosecutor's office.

ACLU of Michigan Legislative Director Merissa Kovach said, with the investment, the civil rights organization is looking to protect what it sees as key legal victories in recent years — such as the enshrinement of abortion in the state constitution, the passage of the Reproductive Health Act, the passage of voting rights initiatives in 2018 and 2022 and the securing of anti-discrimination protections for the LGBTQ community.

"We've had all these wins," Kovach said. "The price of that work is really that we need to stay vigilant and preserve those rights."

The $2 million investment on the Michigan Supreme Court races will fund a seven-week radio ad campaign. Additional investments will be made in mail and digital ads, primarily for the House races, as well as phone calls, texts and on the ground organizing, Kovach said.

Kovach said the ACLU, whose lawyers frequently appear before the Michigan Supreme Court, will invest in advertising focused on the stances of each of the Michigan Supreme Court and state House candidates on civil rights issues, with a specific focus on abortion rights.

"Especially going back to the Michigan Supreme Court, it's usually in Michigan a typically low profile and under-the-radar race but it has such a profound impact on our rights and shaping our day-to-day lives," Kovach said.

The Democratic-nominated Supreme Court majority in recent years has cleared the way for voting and abortion rights initiatives to make it on the ballot; it's ruled state law protects LGBTQ individuals from discrimination; and the high court is likely to be the final arbiter on litigation that challenges the constitutionality of some longstanding abortion regulations after the enshrinement of abortion rights in the state constitution.

Incumbent Democratic-nominated Justice Kyra Harris Bolden is looking to fill a partial term on the Michigan Supreme Court against Republican-nominated challenger Branch County Circuit Judge Patrick William O'Grady. State Rep. Andrew Fink of Hillsdale won the Republican nomination last month to run against Democratic-nominated University of Michigan law professor Kimberly Ann Thomas.

Bolden and Thomas, who both ran unopposed for the Democratic nomination, were dominating their Republican-nominated opponents in raising money for their campaigns as of August. Bolden's campaign had raise $1.1 million this year as of Aug. 8 to O'Grady's $21,790; and Thomas had raised $826,603 to Fink's $81,507.

The ACLU also plans to spend $300,000 helping Democrats in three House races: the 103rd House District race in Grand Traverse and Leelanau counties, a Downriver race in the 27th House District race and the 55th House District race in the Rochester Hills area.

All three races are expected to be close. Democratic state Rep. Betsy Coffia of Traverse City is seeking to defend her seat in the 103rd District against Lisa Trombley of Traverse City; Democratic state Rep. Jaime Churches of Grosse Ile Township is fighting to retain the 25th House District against Republican Rylee Linting of Wyandotte; and GOP state Rep. Mark Tisdel of Rochester Hills is working to hold onto his seat in the 55th House District against Democrat Trevis Harrold of Rochester.

The fight for the Michigan House is likely to be tight in November as Democrats seek to maintain or grow their slim 56-54 majority.

Last week, the Democratic Legislative Campaign Committee announced another $500,000 investment in the state House races, adding to the $1.2 million the group has spent in the state this cycle. The DLCC's spending targets 13 House seats, with 10 currently held by incumbent Democrats and three the group is looking to flip.

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