Honigman Capitol Report

Whitmer to Appoint New Supreme Court Justice

Governor Gretchen Whitmer is preparing to appoint a new justice to the Supreme Court, replacing Chief Justice Elizabeth Clement, who plans to leave by April 30. Christina Grossi and Mark Totten, initially considered, have withdrawn. Grossi is joining Honigman LLP, and Totten is running for state attorney general. The governor's office has interviewed candidates from various backgrounds, including judges at different levels, a law professor, and a county prosecutor. Speculation suggests Whitmer might elevate a Court of Appeals judge, with Kristina Robinson Garrett, Noah Hood, and Allie Greenleaf Maldonado as potential candidates. Promoting a current appellate judge could allow Whitmer to make multiple appointments, filling existing vacancies on the Court of Appeals. Sam Bagenstos, a University of Michigan law professor and former Democratic Supreme Court nominee, is also a contender. The new appointee will serve the remaining two years of Clement's term and must run for a full eight-year term in 2026.

Whitmer’s Chief Legal Counsel Christina Grossi will be joining Honigman LLP as a partner in the Government Relations and Regulatory Practice Group beginning June 2, 2025. She served two years as Chief Legal Counsel. In her role, she advised on major litigation, crafted significant legislation, and implemented policy priorities. Before this, she spent a decade in leadership at the Michigan Department of Attorney General, including as Chief Deputy Attorney General, where she supervised high-profile cases and managed over 250 attorneys and investigators. The full press release can be found here.

Committee News

House Appropriations Committee Passes Disaster Relief for Northern Michigan

The House Appropriations Committee approved a $75 million supplemental appropriation for disaster relief in Northern Michigan following severe winter and ice storms. This funding, allocated from the General Fund to the Michigan State Police, is intended to serve as the state's 25% match to access federal disaster relief funds. The funds can be used for emergency supplies, labor assistance, shelter, cleanup, and recovery. Any remaining funds will be distributed on a first-come, first-served basis to address state-owned land damage and reimburse third-party responders. Rep. Parker Fairbairn emphasized the significant $200 million in damages and the urgency of legislative action. He noted that local budgets have been severely impacted as they manage the aftermath. The bill, HB 4328, has not yet been taken up on the House floor. Discussions with President Trump were positive, though no commitments were made. House Appropriations Chair Ann Bollin explained that the bill emerged unexpectedly due to collaboration among members from affected districts. The Senate will consider the bill this week.

Election News

Mike Rogers Running for U.S. Senate

Mike Rogers, a former U.S. Representative and chair of the House Intelligence Committee, announced his run for the U.S. Senate as a Republican, seeking to replace Sen. Gary Peters. This is his second consecutive attempt after narrowly losing in 2024. His campaign video on YouTube emphasized his support for Donald Trump and his experience in law enforcement and cybersecurity, citing threats from countries like China, Russia, and Iran. Rogers criticized Peters and Sen. Elissa Slotkin, linking them to Sen. Chuck Schumer, and promoted "America First" policies with a focus on Michigan. Democratic Party Chair Curtis Hertel accused Rogers of prioritizing personal gain over Michigan's interests, citing his move to Florida and policies affecting Social Security and tariffs. On Garrett Soldano's podcast, Rogers claimed election irregularities in Detroit affected his 2024 results and expressed confidence in his current campaign strategy. He mentioned his strong voter support compared to other Republican Senate candidates in Michigan's history and discussed targeting Sen. Mallory McMorrow on issues like transgender sports. Rogers addressed fundraising challenges, noting that most funds in 2024 were raised post-primary, and emphasized the need for early financial support to succeed. While he hinted at his candidacy on the podcast, he officially deferred the announcement to April 14, asserting his campaign's strength and readiness. Former health director and gubernatorial candidate Abdul El-Sayed also threw his hat in the ring last week, joining State Sen. Mallory McMorrow in the Democratic primary. In other election news, former Attorney General Mike Cox announced he is running for governor. Cox joins U.S Rep. John James and Senate Minority Leader Aric Nesbitt as the third major Republican gubernatorial candidate for the 2026 race.

On Point

Client Alert: U.S. Orders 90-Day Reciprocal Tariff Pause and Continues Tariff Pressure on China

Looking Ahead

Over the last few years the Governor has signed the following fiscal year’s state budget in late June or early July. As the legislature heads into the spring and summer months, there is less certainty on if a budget will be completed before the months of June and July. This was an especially important timeline for schools to have budget clarity going into the fall start of the school year. This year, however, the Speaker has alluded to a possible fall date for budget completion. The certainty other individuals and organizations have become comfortable with is now in question heading into the summer months. The added Negotiations between the House, Senate, and Governor’s office will begin in earnest closer to May. The May Consensus Revenue Estimating Conference is rumored to reflect slowing economic activity and associated tax collections. Poor revenue numbers could further complicate satisfying the competing priorities of key policymakers and stakeholders. If an agreement is reached prior to the typical summer recess the same timeline will be met as in previous years. Nevertheless, as of now, we consider a very real potential that the budget may resolve much later than in recent years.