Stephen Markman
Encyclopedia
Stephen J. Markman is a Justice of the Michigan Supreme Court
. He advocates for judicial restraint
and has argued for a more restricted role for the judiciary in matters of public policy
.
in the Reagan administration
, heading the Justice Department's Office of Legal Policy
. At one point his office wrote a recommendation regarding the issue of possible reconsideration of the Miranda v. Arizona
decision by the U.S. Supreme Court
. When the Chicago Tribune criticized the recommendation, Markman responded with an opinion piece which the paper published entitled In Defense of Reconsidering Miranda; in this op-ed column, Markman argued for a more flexible interpretation of Miranda to bolster fair treatment of suspects in custody. He wrote:
After being nominated by George H. W. Bush
and approved by the United States Senate, Markman served as a United States Attorney
in Michigan from 1989-93. He was serving as a judge on the Michigan Court of Appeals
when he was appointed to the Michigan Supreme Court by Governor John Engler
in 1999. Michigan voters re-elected him to the position in 2000 and 2004.
Since 1993, Markman has taught constitutional law
at Hillsdale College, where he holds the title of Distinguished Visiting Professor of Politics.
Markman has contributed to numerous legal publications and was once a contributing editor at National Review
. He worked in private practice with the firm Miller, Canfield, Paddock & Stone
in Detroit.
, and suggested that unless citizens engage in a constitutional debate, public matters will be increasingly decided by judges. In April 2010, Markman published an essay in Hillsdale College
's monthly publication Imprimis in which he argued against a living constitution with expanded input from judicial governance. Markman prefers an interpretation closer to the 1787 Constitution, and predicts that unless citizens act, justices making under–the–radar decisions on "forgettable and mundane disputes" (as opposed to high–profile decisions such as Roe v. Wade
) will steer public policy in directions of their choosing in such areas as "racial quotas, social services funding, and immigration policy." Markman prefers that public policy decisions be made by legislators instead of judges.
In 2008, Markman sided with the majority of the Michigan Supreme Court in ruling that local governments and state universities can't offer health insurance
to partners of gay
workers in a 5–2 decision. In his decision, writing for the majority of the court, Markman said that while "marriages and domestic partnerships aren't identical, they are similar." The Michigan Supreme Court was described by New York Times reporter Adam Liptak as contentious and riven with internal disputes with a "judicial melee" happening in 2007 between several of the justices, with disagreements driven by a "personal animus" but concerning serious issues such as First Amendment
principles and judicial ethics
. Justices disagreed about whether they may disclose the details of internal court deliberations.
, Michigan
with his wife, Mary Kathleen, and their sons Charles and James; James served in the United States Army
and attends Hillsdale College
.
Michigan Supreme Court
The Michigan Supreme Court is the highest court in the U.S. state of Michigan. It is known as Michigan's "court of last resort" and consists of seven justices who are elected to eight-year terms. Candidates are nominated by political parties and are elected on a nonpartisan ballot...
. He advocates for judicial restraint
Judicial restraint
Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional...
and has argued for a more restricted role for the judiciary in matters of public policy
Public policy
Public policy as government action is generally the principled guide to action taken by the administrative or executive branches of the state with regard to a class of issues in a manner consistent with law and institutional customs. In general, the foundation is the pertinent national and...
.
Career
Markman served as an Assistant Attorney General of the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in the Reagan administration
Reagan Administration
The United States presidency of Ronald Reagan, also known as the Reagan administration, was a Republican administration headed by Ronald Reagan from January 20, 1981, to January 20, 1989....
, heading the Justice Department's Office of Legal Policy
Office of Legal Policy
The Office of Legal Policy is a division within the United States Department of Justice which describes itself as the "focal point for the development and coordination of Departmental policy." In addition to rendering legal advice to the United States Attorney General and subordinate offices within...
. At one point his office wrote a recommendation regarding the issue of possible reconsideration of the Miranda v. Arizona
Miranda v. Arizona
Miranda v. Arizona, , was a landmark 5–4 decision of the United States Supreme Court. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant...
decision by the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. When the Chicago Tribune criticized the recommendation, Markman responded with an opinion piece which the paper published entitled In Defense of Reconsidering Miranda; in this op-ed column, Markman argued for a more flexible interpretation of Miranda to bolster fair treatment of suspects in custody. He wrote:
After being nominated by George H. W. Bush
George H. W. Bush
George Herbert Walker Bush is an American politician who served as the 41st President of the United States . He had previously served as the 43rd Vice President of the United States , a congressman, an ambassador, and Director of Central Intelligence.Bush was born in Milton, Massachusetts, to...
and approved by the United States Senate, Markman served as a United States Attorney
United States Attorney
United States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
in Michigan from 1989-93. He was serving as a judge on the Michigan Court of Appeals
Michigan Court of Appeals
The Michigan Court of Appeals is the intermediate-level appellate court of the state of Michigan. It was created by the Michigan Constitution of 1963, and commenced operations in 1965...
when he was appointed to the Michigan Supreme Court by Governor John Engler
John Engler
John Mathias Engler is an American politician and a member of the Republican Party. He served as the 46th Governor of Michigan from 1991 to 2003....
in 1999. Michigan voters re-elected him to the position in 2000 and 2004.
Since 1993, Markman has taught constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
at Hillsdale College, where he holds the title of Distinguished Visiting Professor of Politics.
Markman has contributed to numerous legal publications and was once a contributing editor at National Review
National Review
National Review is a biweekly magazine founded by the late author William F. Buckley, Jr., in 1955 and based in New York City. It describes itself as "America's most widely read and influential magazine and web site for conservative news, commentary, and opinion."Although the print version of the...
. He worked in private practice with the firm Miller, Canfield, Paddock & Stone
Miller, Canfield, Paddock & Stone
Miller, Canfield, Paddock and Stone is the largest law firm in Detroit, Michigan, and one of the oldest law firms in the American Midwest. It is an international firm with offices in the United States, Canada, Mexico and China, and one of the few American law firms to have international offices in...
in Detroit.
Controversies
Markman has argued against an increased role by the judiciary in matters of public policyPublic policy
Public policy as government action is generally the principled guide to action taken by the administrative or executive branches of the state with regard to a class of issues in a manner consistent with law and institutional customs. In general, the foundation is the pertinent national and...
, and suggested that unless citizens engage in a constitutional debate, public matters will be increasingly decided by judges. In April 2010, Markman published an essay in Hillsdale College
Hillsdale College
Hillsdale College in Hillsdale, Michigan, United States, is a co-educational liberal arts college known for being the first American college to prohibit in its charter all discrimination based on race, religion, or sex; its refusal of government funding; and its monthly publication, Imprimis...
's monthly publication Imprimis in which he argued against a living constitution with expanded input from judicial governance. Markman prefers an interpretation closer to the 1787 Constitution, and predicts that unless citizens act, justices making under–the–radar decisions on "forgettable and mundane disputes" (as opposed to high–profile decisions such as Roe v. Wade
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
) will steer public policy in directions of their choosing in such areas as "racial quotas, social services funding, and immigration policy." Markman prefers that public policy decisions be made by legislators instead of judges.
In 2008, Markman sided with the majority of the Michigan Supreme Court in ruling that local governments and state universities can't offer health insurance
Health insurance
Health insurance is insurance against the risk of incurring medical expenses among individuals. By estimating the overall risk of health care expenses among a targeted group, an insurer can develop a routine finance structure, such as a monthly premium or payroll tax, to ensure that money is...
to partners of gay
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
workers in a 5–2 decision. In his decision, writing for the majority of the court, Markman said that while "marriages and domestic partnerships aren't identical, they are similar." The Michigan Supreme Court was described by New York Times reporter Adam Liptak as contentious and riven with internal disputes with a "judicial melee" happening in 2007 between several of the justices, with disagreements driven by a "personal animus" but concerning serious issues such as First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
principles and judicial ethics
Ethics
Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
. Justices disagreed about whether they may disclose the details of internal court deliberations.
Personal life
Markman lives in MasonMason, Michigan
Mason is a city in the U.S. state of Michigan. It is named after the state's first governor, Stevens T. Mason. As of the 2010 census, the city population was 8,252. It is the county seat of Ingham County. Mason is the only city in the U.S. that serves as a county seat ahead of a state capital,...
, Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
with his wife, Mary Kathleen, and their sons Charles and James; James served in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
and attends Hillsdale College
Hillsdale College
Hillsdale College in Hillsdale, Michigan, United States, is a co-educational liberal arts college known for being the first American college to prohibit in its charter all discrimination based on race, religion, or sex; its refusal of government funding; and its monthly publication, Imprimis...
.