Richard Bernstein

Justice Bernstein has served on the Michigan Supreme Court since 2015. Prior to that, he headed the the public service division for The Sam Bernstein Law Firm in Farmington Hills, Michigan.

On his campaign website, Justice Bernstein said, "I was born legally blind and my unique life challenge has helped fuel my passion for fairness and driven my professional, legal, and public service work. I believe in justice that is blind to ideology, blind to special interests, and blind to partisan politics. We need to ensure equal treatment under the law for everyone. Not just justice for those who can speak the loudest. As a Justice on the Michigan Supreme Court, I listen, make sure all sides are heard, and that the rule of law is always served."

Notable Cases:

• Rouch World, LLC v Department of Civil Rights (2022): Signed Justice Clement's majority opinion. (from Syllabus) "Discrimination on the basis of sexual orientation necessarily constitutes discrimination because of sex. Accordingly, the denial of “the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service” on the basis of sexual orientation constitutes discrimination “because of . . . sex” and, therefore, constitutes a violation of the ELCRA [passed in 1976] under MCL 37.2302(a). The Court of Appeals’ decision in Barbour was overruled, and the Court of Claims’ decision with respect to Rouch World was reversed."
  
• Rafaeli, LLC v. Oakland County (2020): Signed Justice Zahra's majority opinion. Two plaintiffs were delinquent on their property taxes, so the state sold their properties and kept all the proceeds (6-7). The court held that it was unconstitutional for the state to keep all the proceeds instead of reimbursing the state for the delinquent taxes and giving the surplus proceeds back the plaintiffs (7). The primary purpose of constitutional interpretation is “to determine the text’s original meaning to the ratifiers, the people, at the time of ratification” (26). Said that the plaintiffs’ claimed property right to the surplus proceeds was recognized in the Magna Carta and elsewhere in English common law (33-4).
  
• Midwest Institute of Health, PLLC v. Governor of Michigan (2020): Signed Justice McCormack's concurrence/dissent. Joined the majority opinion’s holding that the Emergency Management Act of 1976 did not authorize the governor to continue the state of emergency beyond April 30 (90). “Because our precedent does not support the majority’s decision, because I would not make new rules to address a once-in-a-century global pandemic, and because there are many other remedies available to curb executive overreach, I respectfully dissent” (90). Argued that the Emergency Powers of the Governor Act of 1945 was constitutional because its “particular standards…are as reasonably precise as the statute’s subject matter permits” (94; see 91 for an explanation of where McCormack got her standard).

Info from Other Sources:

• In accepting the Democrat nomination for MI Supreme Court Justice, Justice Bernstein noted that the Court would have the final word on abortion, though he clarified that he was not stating a position on the matter. A case over the constitutionality of the state's 1931 abortion ban is pending

Judge Voter Guide gave 2 stars.