The chief justice on the Michigan Supreme Court is resigning, lighting the path for a liberal supermajority. 

The court is currently 5-2 with Democratic-backed justices in the majority, but Chief Justice Elizabeth Clement’s impending resignation gives room for Gov. Gretchen Whitmer (D-MI) to appoint another Democratic-backed candidate to the high court. Clement was appointed by the state’s former Republican Gov. Rick Snyder in 2017.

“Leading our state’s highest court has been an opportunity to continue a proud record of independence, fairness, and commitment to the rule of law,” Clement said in a statement. “I am thankful to my colleagues for their support and friendship, as well as for their willingness to seek common ground in serving the people of Michigan.”

“Going forward, my plan is to continue working to find ways to bring people together, to put data to work, and to make a difference in the lives of people so that interactions with our justice system result in safer communities and stronger families,” Clement said.

Clement did not provide an exact reason for her decision. She was first appointed chief justice in 2022 by a unanimous vote from her fellow justices.

Whitmer now has the opportunity to appoint a justice to fill the vacancy, which would create a 6-1 majority of Democratic-backed justices. That person would then run for retention in 2026 to serve a full eight-year term, per Michigan law. 

While Michigan Supreme Court justices are technically nonpartisan, they are nominated by parties every eight years or appointed by the governor when there is a vacancy. The liberal majority was most recently expanded after Democrats picked up a seat in the 2024 election.

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In a statement, Whitmer commended Clement’s time on the court saying “Throughout her distinguished tenure on the Michigan Supreme Court, Chief Justice Clement was an independent minded jurist who upheld the rule of law, protected our constitutional values, and stood strong for the principles of justice.”

“Notably, she cemented equal protections for all Michiganders in state law regardless of who they love when she authored Rouch World v Department of Civil Rights, which held that the state’s Elliott-Larsen Civil Rights Act prohibited discrimination on the basis of sexual orientation,” Whitmer said.