Stephen Markman
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Stephen Markman is a justice on the Michigan Supreme Court. His current term expires January 1, 2013.
Markman was appointed as the 103rd Justice of the Michigan Supreme Court. Prior to that, he was a Judge on the Michigan Court of Appeals, having been re-elected in 1996 and 1998 from his 60-county judicial district. Prior to this, Justice Markman practiced law with the firm of Miller, Canfield, Paddock & Stone in Detroit. From 1989-93, he served as United States Attorney in Michigan after being nominated to that position by President George Bush and confirmed by the United States Senate. Prior to this, Justice Markman served for four years as Assistant Attorney General of the United States after being nominated by President Ronald Reagan and confirmed by the United States Senate. In that position, he headed the Justice Department's Office of Legal Policy which served as the principal policy development office within the Department and which coordinated the federal judicial selection process. Prior to this, he served as Chief Counsel of the United States Senate Subcommittee on the Constitution and as Deputy Chief Counsel of the United States Senate Judiciary Committee for seven years.
Justice Markman was appointed to the Michigan Supreme Court by Governor John Engler, effective October 1, 1999, to fill the seat vacated by Justice James Brickley. In 2000 he was elected to complete the term, which expired January 1, 2005. In 2004 he was reelected to an eight-year term which expires January 1, 2013.[1]
Awards and civic activities
Justice Markman has authored articles for the Stanford Law Review, the University of Chicago Law Review, the University of Michigan Journal of Law Reform, the American Criminal Justice Law Review, the Barrister's Law Journal, the Harvard Journal of Law & Public Policy and the Detroit College of Law Review. Justice Markman teaches constitutional law at Hillsdale College. He has traveled to the Ukraine on two occasions, on behalf of the State Department and the American Bar Association, to provide assistance in the development of that nation's new constitution. Justice Markman is a Fellow of the Michigan Bar Foundation, a Master of the Bench of the American Inns of Court, and a member of the One Hundred Club. Justice Markman has actively participated in and spoken before numerous youth and civic organizations in Detroit and throughout Michigan.
On Originalism
Justice Markman authored a piece entitled "Resisting the Ratchet" for the Summer 2008 volume of the Harvard Journal of Law and Public Policy.[2] In his essay, he speaks at length about the court and its role.
"...a majority of [the Michigan Supreme Court], four of its seven justices... are committed to the judicial values that are often identified with the Federalist Society - in particular, a commitment to giving faithful meaning to the words of the law and to operating within the restraints of a constitution in which the separation of powers is fundamental."
"That is, what most distinguishes the Michigan Supreme Court from other even conservative state courts of last resort has been its unwillingness to institutionalize the precedents of earlier justices who, like Justice William Douglas on the United States Supreme Court, expressed their preference 'to make, rather than to follow precedent.'"
"Instead, the Michigan Supreme Court has set as its priority the proper exercise of the 'judicial power,' to read the law evenhandedly and give it meaning by assessing its words, its grammar and syntax, its context, and its legislative purpose. The court's dominant premise has been on 'getting the law right' - moving toward the best and most faithful interpretation of the law - rather than reflexively acquiescing in prior case law that essentially reflected little more than the personal preferences of predecessor justices."
Political Affiliation and Campaign Contributions
Republican. In his 2000 campaign for the seat on the Michigan Supreme Court, Markman raised $1,239,657. In his 2004 election to retain his seat, Markman raised $742,371.[3]
Markman Pens Majority Opinion in Gay Benefits Ban
In a 5-2 ruling, the Michigan Supreme Court ruled that Michigan's 2004 ban against gay marriage extends to the University of Michigan and public-sector employers in gay employee benefits. Specifically, it disallows domestic-partner policies. The case was heard before the court in the spring of 2008. Justice Stephen Markman wrote the majority opinion, saying that the voter-approved law defining marriage as between a man and a woman, and further, that domestic partnerships, is similar. Dissenting Justices Michael Cavanagh and Marilyn Jean Kelly said "the constitutional amendment prohibits nothing more than same-sex marriages or similar unions.[4]
Court Allows Anti-affirmative Action Plan on Ballot
The Michigan Supreme Court ruled that regardless of signers' belief in what they were signing, an anti-affirmative action proposal will go on the November 2008 ballot. Justice Markman wrote:
The signers of these petitions did not sign the oral representations made to them by circulators; rather they signed written petitions that contained the actual language of the (ballot question). In carrying out the responsibilities of self-government, 'we the people' of Michigan are responsible for our own actions...[a person who signed the petition] cannot blame others when he signs a petition without knowing what it says.
Justices Michael Cavanagh and Marilyn Kelly dissented from the court majority, saying they would have granted an appeal.[5]
See also
External links
- Michigan Court Rules Against Firefighter Unions
- Proposal to re-write Michigan Constitution aims at taking Republicans out of office
- Michigan Supreme Court: Stephen Markman
- Wikipedia: Stephen Markman
- Clarifying “Extremism: It’s more than just politics," By Stephen Markman
- Markman's dissent lays groundwork for No-Fault decision
- Detroit Metro Times: OpEd on Free Speech ruling
- Trial Lawyers Target Three Michigan Judges Up for Election
- My Fox Detroit
References
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The Michigan Project on Judgepedia
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