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David Viviano

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David Viviano
Associate Justice of the Michigan Supreme Court
Assumed office
February 27, 2013
Appointed byRick Snyder
Preceded byDiane Hathaway
Personal details
Born
David Francis Viviano

(1971-12-08) December 8, 1971 (age 52)
Political partyRepublican
EducationHillsdale College (BA)
University of Michigan (JD)

David Francis Viviano[1] (born December 8, 1971) is a justice of the Michigan Supreme Court, appointed by Governor Rick Snyder on February 28, 2013, to fill the vacancy created by the resignation of Justice Diane Hathaway.[2] Prior to his appointment to the Michigan Supreme Court, Justice Viviano was the Chief Judge of the Macomb County Circuit Court.

Viviano defeated Deborah Thomas and Kerry L. Morgan in the general election on November 4, 2014, receiving 62.1 percent of the vote.

Early life and education

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Justice Viviano earned a bachelor's degree from Hillsdale College and his J.D degree from the University of Michigan Law School.[3]

Notable decisions

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In 2022, Viviano, joined by Justice Brian Zahra,[4] dissented from a decision of the Michigan Supreme Court ordering the Board of State Canvassers to allow a ballot proposition that would amend the Michigan Constitution to provide for a right to abortion before viability with limitations afterward. Viviano claimed that the proposed amendment did not comply with Michigan's "full text" requirement for ballot propositions because, while the full text may have been present, the text used different "spaces" than those found in the Michigan Constitution. Although 753,759 Michigan voters had signed the initiative,[4] Viviano wrote, "[t]he failure to include the spaces presents the amendment in a manner difficult to read and comprehend. Thus, it may have the right words in the right order—as the majority here suggests—but the lack of critical word spaces renders the remaining text much more difficult to read and comprehend, and therefore something less than the 'full text' required by the Constitution and statutes."[5][6]

References

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  1. ^ "David F. Viviano – MICHIGAN SUPREME COURT HISTORICAL SOCIETY".
  2. ^ 2013-2014 Michigan Manual: Justice David F. Viviano
  3. ^ "Gov. Rick Snyder appoints Judge David Viviano to Michigan Supreme Court". mLIVE Michigan. Feb 27, 2013. Retrieved May 13, 2021.
  4. ^ a b The Logic Behind Dobbs Was Always Crap, and Michigan Is a Case in Point. "Leave it to the states," they said, disingenuously, Esquire Magazine, Charles P. Pierce, September 9, 2022, Retrieved September 11, 2022.
  5. ^ Veronica Stracqualursi (8 September 2022). "Michigan Supreme Court orders abortion rights initiative to appear on November ballot". CNN. Retrieved 2022-09-09.
  6. ^ "Michigan Supreme Court approves proposal to put abortion rights petition on November ballot". WXYZ. 2022-09-08. Retrieved 2022-09-09.
Legal offices
Preceded by Associate Justice of the Michigan Supreme Court
2013–present
Incumbent