It took Gov. Gretchen Whitmer just 63 days to name a replacement for Michigan Supreme Court Justice Elizabeth Clement.
Folks in Michigan’s 35th Senate District, meanwhile, have been waiting more than twice that long for the governor to call a special election to restore their voice in the upper chamber.
On Wednesday, Whitmer appointed State Appellate Judge Noah Hood to the Michigan Supreme Court, replacing Clement, a Republican, before she’s even scheduled to depart on April 30.
“A proud Detroiter, graduate of Harvard Law and active member of the legal community with both trial and appellate court experience, he will bring important perspectives to the highest court in our state,” Whitmer said of Hood in a statement cited by The Detroit News. “I want to thank him for his many years of public service and look forward to many more on the Supreme Court.”
Whitmer appointed Hood to the Wayne County Circuit Court in 2019, before elevating him to the Court of Appeals in 2022. He will now replace Clement, one of only two Republicans who was appointed by former Gov. Rick Snyder in 2017 and elected as chief justice in 2022.
The appointment on Wednesday shifts partisan control of the state’s highest court to a 6-1 Democratic majority.
“I have had the distinct honor of serving the people of the state of Michigan for the past six years,” Hood said in a statement. “I am deeply grateful to our governor for her decision to appoint me to serve on our Supreme Court. I am also grateful for what it represents.
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“For as long as I serve, the people will always be able to count on me for even-handed justice,” he said.
Hood will serve as justice until next year, when he must run for election for a full term.
Other appointments announced by Whitmer on Wednesday include Judge Mariam Bazzi to replace Hood, Christopher Trebilcock to the appeals court’s second district, and Daniel Korobkin to the appeals court’s third district, WXYZ reports.
“These Michiganders all bring years of legal experience to their roles, and I am confident they will uphold the rule of law and serve the people admirably,” Whitmer said.
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While the governor moved relatively quickly to expand the Supreme Court’s liberal majority, it’s been more than 110 days since former Democratic state Sen. Kristen McDonald Rivet was sworn in to the U.S. Congress to represent Michigan’s 8th Congressional District, replacing retired longtime Democratic U.S. Rep. Dan Kildee.
Whitmer has known since Nov. 5 – 169 days ago – she would need to call a special election to replace McDonald Rivet in a district that had elected a Republican in every election since 1965, until McDonald Rivet won the seat in 2022.
The 35th Senate District stretches across five state House districts, including those represented by Rep. Amos O’Neal, D-Saginaw; Rep. Bill Schuette, R-Midland; Rep. Timmy Beson, R-Bay City; and Rep. Matt Bierlein, R-Vassar.
The district’s Midland, Bay and Saginaw counties went 54.8% for President Donald Trump in November. A special election would determine whether the legislature’s upper chamber operates with a new 19-19 tie between Republicans and Democrats, or returns to a 20-18 Democratic majority.
Despite numerous calls from lawmakers for Whitmer to schedule the special election, the governor has refused to do so, offering no rationale for leaving the district’s 270,000 taxpayers without representation in the Senate.
“I’m here to ask why the 35th District does not have a state Senator, why the governor has not called for a special election?” constituent Karen Abate asked officials with Whitmer’s office at a recent Saginaw town hall.
“This is currently taxation without representation,” she said as the room erupted in applause.
An unidentified staffer told Abate the hang-up is a matter of politics and timing.
“So, when you, um, when there’s a call for a special election, um, there are legal hurdles you need to jump through, and what you’re speaking to, mam, is more of an issue with, um, the party, the Michigan Democratic Party, as it relates to the election, and … it’s all about timing,” he said.
“It only took her about 20 days two years ago to call an election in other districts. Why are they more important than we are?” Abate shot back. “It’s been four months. You’re snowing us, sir.”
“Again, I hear your concern. What you’re speaking to is more of a political conversation. It’s more of a political, capital P, conversation rather than the issue that we’re here for today,” the official said. “I’ve heard you, we’ve heard you, we’ll take that concern back to the governor.”
The Michigan Freedom Fund, which bills itself as “the first line of defense against the radical Left,” created a “Restore MI Voice” webpage to track “how long … the Great Lakes Bay Region will be without a voice in the state Senate.”
Data on the site compares the time it has taken Whitmer to call special elections for races that would benefit Democrats, versus those that would not.
On average, it took Whitmer just two days for the former, compared to 30 days for the latter, according to the site.