How will that affect premiums?
Michigan already ranks second highest in annual auto premiums in the country. The McCormick decision will potentially cause those auto premiums to go even higher unless something is done. Of the surrounding states, Ohio is ranked 49th, Wisconsin 48th and Illinois ninth. If you were choosing a state in which to locate your business, this may very well have an impact on your decision.
Does that make the decision this autumn an easy one for businesspeople?
Not entirely. While the candidates are chosen by the political parties, decisions made by the Michigan Supreme Court do not fall neatly into a liberal/conservative dichotomy. There is no Republican or Democratic view of the law of contracts or real property, after all.
As a general statement, however, the views of Republicans Robert Young and Mary Beth Kelly are generally seen as conservative and more in line with promoting the business interests of Michigan. Conversely, the historic views of Democrats Denise Langford Morris and Alton Davis are generally seen as more liberal and more in line with a greater tolerance for broad rights for purported victims of allegedly tortious conduct.
The decision is never an easy one, but it is one that is left to the electorate. Even though the Supreme Court is to decide issues based on the law and not the will of the majority, as is the case for the legislature and the executive branches, we still elect the court. It is an anomaly that is visited upon us each election cycle.
How can the system for electing Supreme Court justices be changed?
A constitutional convention is required to end the current system and restore some needed sanity to the selection process. As the process of electing judges is defined in the Michigan Constitution, such a change would be required to assure that our justices are on the bench based upon qualifications and not the political process.
While no method is flawless, a gubernatorial selection from a blue-ribbon nominating committee holds the most promise, in my view.
Thomas Azoni is a senior partner with Secrest Wardle. Reach him at (248) 539-2821 or [email protected].
