ACLU spends $2M on ads for pro-choice Michigan Supreme Court candidates

The American Civil Liberties Union of Michigan and its national political fundraising arm is investing more than $2 million for advertisements in support of pro-choice candidates in the 2024 state Supreme Court race.

According to an ACLU press release, the money is part of the nonpartisan group’s statewide efforts to educate Michiganders about the candidates and what rights, like abortion access, are at stake in the Nov. 5 election.

Merissa Kovach, ACLU of Michigan political director, said that it’s clear that protecting reproductive rights is a priority for Michigan voters. After the U.S. Supreme Court overturned Roe v. Wade in 2022, effectively ending the federal right to an abortion, more than 56% of Michigan voters passed a ballot initiative to enshrine abortion access into the state constitution that same year.

“Our aim is to ensure the gains we have made in Michigan stay won,” Kovach said. “It is imperative that voters are aware of each candidate’s record on reproductive freedom, voting rights, LGBTQ rights, and other civil rights and liberties before casting their votes.”

Two seats on the Michigan Supreme Court are on the ballot this year. The high court is the last resort on questions about how significant legislation should be applied, such as the decision to certify the aforementioned abortion rights initiative and place it on the 2022 midterm election ballot.

Justice Kyra Harris Bolden, who was appointed by Gov. Gretchen Whitmer in 2022, is running for reelection against Patrick William O’Grady, a Branch County judge, to finish out her partial four-year term. Kimberly Ann Thomas, a University of Michigan law school professor, will be competing against former state Rep. Andrew Fink to replace retiring Justice David Viviano. The election for his seat is for a full eight-year term.

While Michigan Supreme Court justices are considered nonpartisan, they must be nominated by a state party convention to get on the ballot. Democrats nominated Bolden and Thomas, and Republicans nominated Fink and O’Grady. 

Democrat-nominated justices currently hold a 4-3 majority on the court and, depending on the outcome of this year’s election, the court will have either a 5-2 Democratic majority or a 4-3 Republican majority.

One example of the ACLU’s planned advertising campaign, Kovach said, is sharing information that Michigan Supreme Court candidates Bolden and Thomas are endorsed by Planned Parenthood, while O’Grady and Fink are supported by anti-abortion groups. The advertisements will be broadcasted across digital and radio platforms, as well as print mailers and texts.

A majority of the ad spending comes from the ACLU Voter Education Fund, a new federal political action committee devoted to voter education and mobilization. This is the first time the ACLU Voter Education Fund has invested in a Michigan Supreme Court race.

“We have witnessed a growing hostility toward our rights at the federal level as evidenced by the U.S. Supreme Court’s overturning of Roe v. Wade,” Bonsitu Kitaba, ACLU of Michigan deputy legal director, said in a statement. “Whether through the courts, Congress, or beyond, we cannot let these attacks on our rights go unanswered. It has become even more critical that we do everything we can to strengthen and protect our rights at the state level. We are approaching a pivotal election where every vote cast must send a clear message that we prioritize the rights of all Michiganders.”