Faithful readers might recall the extraordinary shenanigans of Michigan judge Elizabeth L. Gleicher, who (among other things), notwithstanding her strong and ongoing ties to Planned Parenthood of Michigan, in 2022 granted that very entity a permanent injunction against Michigan’s pre-Roe abortion law and, in so doing, implausibly distinguished away a case that she lost as an advocate 25 years ago.
In a 15-page opinion concurring in a recent order arising out of the case, Michigan supreme court justice David Viviano calls Gleicher to account. I’ll leave the details to interested readers and quote here Justice Viviano’s understated conclusion:
I believe that the conclusions reached by the Court of Claims, and the manner in which those conclusions were reached, are deeply troubling. In an exceptionally high-profile and politically charged case, the Court of Claims disregarded core limitations on judicial power, offered dubious distinctions of binding precedent, and sought to impose its judgment on nonparties with no connection to the case. It may justifiably be questioned whether such actions are consistent with the proper judicial role or whether they suggest that courts are becoming adjuncts to political ends.
Justice Viviano similarly takes note of “serious questions about whether the trial judge should have recused herself in this case.”
Kudos to Justice Viviano.