Robert P. Young Jr.
Robert P. Young Jr. | |
---|---|
Conrad Mallett | |
Succeeded by | Kurtis T. Wilder |
Judge of the Michigan Court of Appeals | |
In office 1995 – December 30, 1998 | |
Appointed by | John Engler |
Personal details | |
Born | Des Moines, Iowa, U.S. | June 13, 1951
Political party | Republican |
Education | Harvard University (BA, JD) |
Robert P. Young Jr. (born June 13, 1951) is a former justice of the Michigan Supreme Court.[1] Young was first appointed to the Michigan Supreme Court in 1999, elected in 2000 and 2002, and again won reelection in 2010 for a term ending in 2019. Justice Young announced he would be retiring from the court at the end of April 2017.[2] Young is a self-described judicial traditionalist or textualist. In June 2017, Young announced his intentions to run against Debbie Stabenow in the 2018 senate race,[3] but later dropped out saying he could not raise enough money for his campaign.[4]
Early life and education
Young was born in Des Moines, Iowa, and grew up in Detroit, Michigan. Young has recounted how he was raised in a city that was operating under de facto segregation at the time; when he was a child, his family was one of the first to integrate northwest Detroit.[5] He attended Detroit public elementary schools and graduated from Detroit Country Day School in 1970, with honors from Harvard College in 1974, and from Harvard Law School in 1977.
Professional life
In 1978, Young joined the law firm of
At his investiture ceremony on February 18, 1999, Judge
Young won statewide campaigns in 2000 for the remainder of former justice
Young is an adjunct professor at Michigan State University College of Law. Known for his community involvement in the greater Detroit area, Young currently serves as chairman of the board for Vista Maria, a Detroit-based charity for disadvantaged young women.[11] He has previously served as a member of the advisory board of the United Community Services of Metropolitan Detroit and as a member of the board of trustees of Central Michigan University.
Young was named the Jurist of the Year by the Police Officer's Association of Michigan in 2000 and again in 2010.
Young was named the American Justice Partnership's "Guardian of Justice" in 2010.[12] The group explained that Young is a "tireless protector of the U.S. Constitution, strong and steady defender of our nation's principles of justice, and unstinting adherent to the intentions and ideals of our nation's founders."
Young was elected Chief Justice of the Michigan Supreme Court on January 5, 2011.
Young, along with fellow Michigan Supreme Court Justice Joan Larsen, was on Republican presidential nominee Donald Trump's list of potential Supreme Court justices in May 2016,[13] though the appointment went to Judge Neil Gorsuch of the United States Court of Appeals for the Tenth Circuit,[14] who was confirmed by the United States Senate on April 7, 2017.[15]
On March 29, 2017, Justice Young announced that he would retire from the Michigan Supreme Court by April 30 of that year to return to private practice.[16] His retirement from the court became official on April 17, 2017.[17]
In April 2017, Young confirmed he was being courted to seek the Republican nomination to challenge incumbent Democratic Sen. Debbie Stabenow in 2018.[17] He officially joined the race in June 2017[18] but withdrew from the race in January 2018.[4]
Notable Michigan Supreme Court decisions
Property rights
Young authored the Michigan Supreme Court's decision in Wayne County v. Hathcock (2004),
Hathcock overturned the 1981 Michigan Supreme Court decision in
Voting rights
Young authored the Michigan Supreme Court's advisory opinion regarding whether election officials can require photo identification before voting in In Re Request for Advisory Opinion Regarding the Constitutionality of 2005 PA 71 (2007).
Other constitutional doctrines
Young authored the Michigan Supreme Court's decision in Michigan Citizens for Water Conservation v. Nestle Waters North America (2007).[21] which applied Michigan's constitutional standing doctrine to the Michigan Environmental Protection Act. The doctrine of standing (law) involves the ability of a person or corporation to bring a lawsuit, and thus assert legal rights and duties in the courts.[22] As Young's opinion explained: "We vigilantly enforce principles of standing in order to vindicate the separation of legislative, executive, and judicial powers among the coordinate branches of government to which those respective powers have been committed."[21] As the Court had previously articulated in Lee v. Macomb County Board of Comm'rs (2001), which applied principles of federal standing doctrine,[23] standing requires a plaintiff to have suffered "an invasion of a legally protected interest which is (a) concrete and particularized, and (b) 'actual or imminent, not "conjectural" or "hypothetical" that has a "causal connection" to "the conduct complained of" and which is "likely" to be "redressed by a favorable decision" by a court.[24]
Applying federal and state principles of standing doctrine in Michigan Citizens for Water Conservation, Young's decision concluded that "[w]here the plaintiff claims an injury related to the environment, this Court lacks the 'judicial power' to hear the claim if the plaintiff cannot aver facts that he has suffered or will imminently suffer a concrete and particularized injury in fact," such as "when the defendant’s activities directly affected the plaintiff’s recreational, aesthetic, or economic interests."[21]
Accusation of obstructing a notable investigation rejected by court
Special Prosecutor William Forsyth, who has been tasked with investigating the details surrounding Larry Nassar's crimes, has accused MSU of obstructing his probe by withholding critical information under Young's guidance.[25][26] Young's position was vindicated by the court by order dated March 19, 2019, when the court dismissed Forsyth's subpoena finding that MSU had produced all nonprivileged documents.[27]
Publications
Young recently published the chapter "‘Active Liberty’ and the Problem of Judicial Oligarchy" in The Supreme Court and the Idea of Constitutionalism, published by the University of Pennsylvania Press in 2009.[28] His other publications include "A Judicial Traditionalist Confronts the Common Law,"[29] and "A Judicial Traditionalist Confronts Justice Brennan's School of Judicial Philosophy."[30]
Young is a co-editor of Michigan Civil Procedure During Trial, 2d Ed. (Michigan Institute of Continuing Legal Education, 1989) and Michigan Civil Procedure, (Michigan Institute of Continuing Legal Education, 1999).[1]
Personal life
Young has been married for over 40 years; he and his wife, Dr. Linda Hotchkiss, have two adult children. They lived in Grosse Pointe Park, Michigan when Young was appointed to the Michigan Supreme Court. Young and his wife currently live in the Lansing, Michigan area. Dr. Hotchkiss is a psychiatrist.[31][32]
See also
References
- ^ a b c "Justice Robert P. Young Jr". Michigan Supreme Court. Archived from the original on 2009-09-16.
- ^ Egan, Paul (Mar 27, 2017). "Justice Young leaving Michigan Supreme Court for Detroit law firm job". The Detroit News.
- ^ "Former state Supreme Court Justice Bob Young officially running for U.S. Senate". mlive. 2017-06-28. Retrieved 2020-08-31.
- ^ a b Burke, Melissa Nann. "Young drops out of GOP Senate race in Michigan". The Detroit News. Retrieved 2020-08-31.
- ^ Young, Robert P. Jr. (Jan 18, 2010). "Commentary: Don't Lose Lessons of Segregation". The Detroit News.
- ^ "Michigan Supreme Court History Society ::". www.micourthistory.org. Archived from the original on 2011-06-15.
- ^ a b c Michigan Supreme Court Special Session: Swearing-In Ceremony for Justice Robert P. Young Jr.
- ^ "General Election Results, Michigan Supreme Court". Michigan Secretary of State. 2000. Archived from the original on 2011-07-14.
- ^ "General Election Results, Michigan Supreme Court". Michigan Secretary of State. 2002. Archived from the original on 2010-11-09.
- ^ Patrick J. Wright (October 13, 2005). "The Finest Court in the Nation". The Wall Street Journal.
- ^ "Vista Maria Board of Directors". Archived from the original on 2010-08-19.
- ^ "American Justice Partnership Names Michigan Supreme Court Justice Robert Young 'Guardian of Justice'". PR Newswire, United Business Media. Sep 28, 2010.
- ^ COLVIN, JILL. "TRUMP UNVEILS LIST OF HIS TOP SUPREME COURT PICKS". Associated Press. Archived from the original on 19 May 2016. Retrieved 18 May 2016.
- ^ Julie Hirschfield Davis; Mark Landler (January 31, 2017). "Trump Nominates Neil Gorsuch to the Supreme Court". The New York Times. Retrieved May 8, 2017.
- ^ Adam Liptak and Matt Flegenheimer (April 7, 2017). "Neil Gorsuch Confirmed by Senate as Supreme Court Justice". The New York Times. Retrieved May 8, 2017.
- ^ Emily Lawler (March 29, 2017). "Michigan Supreme Court Justice Robert Young to retire". MLive. Retrieved May 8, 2017.
- ^ a b Chad Livengood (April 21, 2017). "Retired Supreme Court chief justice courted for Senate run". Crains Detroit. Retrieved May 8, 2017.
- ^ Lauren Gibbons (June 28, 2017). "Former state Supreme Court Justice Bob Young officially running for U.S. Senate". MLive. Retrieved July 13, 2017.
- ^ a b c "Wayne County v. Hathcock" (PDF). Michigan Supreme Court. 2004. Archived from the original (PDF) on 2011-06-18.
- ^ a b c d "In Re Request for Advisory Opinion Regarding the Constitutionality of 2005 PA 71" (PDF). Michigan Supreme Court. 2007. Archived from the original (PDF) on 2011-07-25.
- ^ a b c "Michigan Citizens for Water Conservation v. Nestle Waters North America" (PDF). Michigan Supreme Court. 2007. Archived from the original (PDF) on 2010-06-01.
- ^ "Standing". FindLaw.
- ^ "Lujan v. Defenders of Wildlife". United States Supreme Court. 1992.
- ^ "Lee v. Macomb County Bd. of Comm'rs". Michigan Supreme Court. 2001.
- ^ LeBlanc, Kim Kozlowski and Beth. "MSU obstructing probe, prosecutor says". The Detroit News. Retrieved 2020-08-31.
- ^ "The lawyer obstructing Michigan's Larry Nassar investigation is on Trump's Supreme Court shortlist". 28 June 2018. Retrieved 2020-08-31.
- ^ Group, Mikenzie Frost | Sinclair Broadcast (2019-05-09). "Attorney General Nessel 'remains frustrated' with MSU, lack of Engler interview". WPBN. Retrieved 2020-08-31.
- ^ "Publication of The Supreme Court and the Idea of Constitutionalism". Archived from the original on 2010-06-24.
- ^ Young, Robert P. Jr. (2004). "A Judicial Traditionalist Confronts the Common Law". Texas Review of Law & Politics.
- ^ Young, Robert P. Jr. (2008). "A Judicial Traditionalist Confronts Justice Brennan's School of Judicial Philosophy". Oklahoma City University Law Review.
- ^ article that specifically names Young's wife
- ^ brief profile of Dr. Hotchkiss