John Bursch | |
---|---|
Solicitor General of Michigan | |
In office February 28, 2011 –December 6, 2013 | |
Governor | Rick Snyder |
Preceded by | Eric Restuccia |
Succeeded by | Aaron Lindstrom |
Personal details | |
Born | 1972 (age 51–52) |
Political party | Republican |
Education | Western Michigan University (BA) University of Minnesota,Twin Cities (JD) |
John J. Bursch (born 1972) was the 10th Michigan Solicitor General. He was appointed by Michigan Attorney General Bill Schuette on February 28,2011. [1] Prior to being Michigan Solicitor General,Bursch served as chair of the Appellate Practice and Public-Affairs Litigation Groups at Warner Norcross &Judd. Bursch argued in more than 6% of all the cases the U.S. Supreme Court heard during his tenure as solicitor general. [2] Bursch returned to private practice at Warner Norcross &Judd in December 2013, [3] and founded his own law firm in 2016,Bursch Law.
Bursch works as senior counsel at the conservative Christian legal organization Alliance Defending Freedom and is active in the Federalist Society. [4] He is involved in a number of cases aimed at restricting the rights of transgender students such as Kluge v. Brownsburg Community School Corporation. [5]
Bursch graduated from Grand Ledge High School in 1990,and attended Western Michigan University,where he received degrees in mathematics and music summa cum laude and graduated from the Lee Honors College in 1994. In 1997,Bursch received his J.D. magna cum laude from the University of Minnesota Law School.
From 1997 to 1998,Bursch served as a law clerk to James B. Loken on the United States Court of Appeals for the Eighth Circuit. Bursch then entered private practice with Warner Norcross &Judd,where he founded and chaired the firm's Appellate Practice and Public-Affairs Litigation groups. From 2011 to 2013,Bursch served as Michigan's 10th Solicitor General. As Michigan Solicitor General,Bursch argued 12 times in the Michigan Supreme Court and eight times in the U.S. Supreme Court. Afterwards,he returned to private practice with Warner Norcross &Judd until 2016,when he formed his own private law firm.
As of 2018 [update] ,Bursch has appeared in front of the Michigan Supreme Court 27 times,and in front of the US Supreme Court 11 times. [6] He has since represented the respondents in the landmark Supreme Court Case,Obergefell v. Hodges,and is represented Nick Lyon in a case on the Flint Water Crisis. [7] [8] Liberal Supreme Court Justice Elana Kagan has spoken glowingly of Bursch,noting that "When John Bursch speaks,he commands the full and complete attention of the bench.". [9] As of September 5,2017,Bursch had won 10 of the 14 cases that he argued before the U.S. Supreme Court. [10]
On April 28,2015,Bursch was one of three attorneys who argued before the U.S. Supreme Court in Obergefell v. Hodges arguing state bans on same-sex marriage to be constitutional. It was the result of a consolidation of six lower-court cases,from the states of Michigan,Ohio,Kentucky,and Tennessee. The original Michigan case was DeBoer v. Snyder,where a same-sex couple argued that Michigan's adoption law was unconstitutional,and sued then Governor Richard Snyder. [11] During this initial case,Bursch was the counsel of record for Governor Snyder. [12] Bursch lost,resulting in the legalization of same-sex marriage everywhere in the United States. Obergefell is considered one of the most important civil rights cases to come before the U.S. Supreme Court in modern history. [13] [14]
He also argued before the Supreme Court in R.G. &G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission,a case involving employment discrimination where an employee was fired for being transgender. The case was consolidated with Bostock v. Clayton County at the Supreme Court,where the employers lost and gay and transgender people were recognized as protected under Title VII sex-discrimination protections in employment. [15]
Bursch,who had left the position as Michigan Solicitor General,was invited to argue this case before the Supreme Court by then State Attorney General Bill Schuette. [16] He,along with Joseph R. Whalen,an associate solicitor general from Tennessee,represented the states refusing to recognize same-sex marriages. Oral arguments were heard on April 28,2015. He and Whalen lost the case. [17]
Michigan Super Lawyers has listed Bursch as one of Michigan's Top 100 lawyers. [18] He has also been listed in The Best Lawyers in America and is a Fellow of The Litigation Counsel of America. [19] Bursch has received three Distinguished Brief Awards for his advocacy before the Michigan Supreme Court. [20] [21] And in 2010,Bursch was appointed to the American Bar Association committee that reviewed Elena Kagan's writings before her Senate confirmation as a United States Supreme Court Justice. [22] John is a Life Member of the Sixth Circuit Judicial Conference,and in 2011,he was selected to be a Fellow of the Michigan State Bar Association. Also in 2011,Bursch became the inaugural recipient of The Carl and Winifred Lee Honors College Alumni Achievement Award at Western Michigan University. [23] In 2012,the National Association of Attorneys General (NAAG) awarded Bursch and three colleagues a Supreme Court Best Brief Award for their petitioner's brief in Howes v. Fields. [24] In 2013,NAAG again awarded Bursch and two colleagues a Supreme Court Best Brief Award for their cert. petition in Schuette v. Coalition to Defend,and in 2014,Bursch was again awarded the Best Brief Award for his brief in Burt v. Titlow. [25]
Paul Drew Clement is an American lawyer who served as U.S. Solicitor General from 2004 to 2008 and is known for his advocacy before the U.S. Supreme Court. He established his own law firm,Clement &Murphy,in 2022 after leaving Kirkland &Ellis,following that firm’s decision to end its Second Amendment work. He is also a Distinguished Lecturer in Law at Georgetown University and an adjunct professor at New York University School of Law. He was nominated by President George W. Bush on March 14,2005,for the post of Solicitor General,confirmed by the United States Senate on June 8,2005,and took the oath of office on June 13.
Richard John Baker v. Gerald R. Nelson,291 Minn. 310,191 N.W.2d 185 (1971),was a case in which the Minnesota Supreme Court decided that construing a marriage statute to restrict marriage licenses to persons of the opposite sex "does not offend" the U.S. Constitution. Baker appealed the decision,and on October 10,1972,the U.S. Supreme Court dismissed the appeal "for want of a substantial federal question".
Charles J. "Chuck" Cooper is an appellate attorney and litigator in Washington,D.C.,where he is a founding member and chairman of the law firm Cooper &Kirk,PLLC. He was named by The National Law Journal as one of the 10 best civil litigators in Washington. The New York Times described him as "one of Washington’s best-known lawyers." He has represented prominent American political figures,including Attorney General Jeff Sessions,in response to the alleged Russian interference in the 2016 United States elections;Attorney General John Ashcroft;and former National Security Adviser and United States Ambassador to the United Nations John Bolton.
William Duncan Schuette is an American lawyer and politician who served as the 53rd attorney general of Michigan from 2011 to 2019. He was the unsuccessful Republican nominee for Senate in 1990 and for Governor of Michigan in the 2018 gubernatorial election.
Michigan Proposal 04-2 of 2004,is an amendment to the Michigan Constitution that made it unconstitutional for the state to recognize or perform same-sex marriages or civil unions. The referendum was approved by 59% of the voters. The amendment faced multiple legal challenges and was finally overturned in Obergefell v. Hodges by the U.S. Supreme Court.
The Solicitor General of Ohio,Ohio Solicitor General,State Solicitor of Ohio,or Ohio State Solicitor is the top appellate solicitor or lawyer for the U.S. State of Ohio. It is an appointed position in the Office of the Ohio Attorney General that focuses on the office's major appellate cases. The majority of the cases handled by the Solicitor are argued in the United States Supreme Court or the Supreme Court of Ohio. However some cases within the Solicitor's responsibilities are under the jurisdiction of the United States Court of Appeals for the 6th Circuit and the state appellate courts. The Solicitor represents the Attorney General of Ohio before the Supreme Court of Ohio and other appellate courts,as needed. The Solicitor's office writes most of the amicus briefs filed by the Ohio attorney general’s office.
Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan,Warner works in virtually all areas of business law.
Same-sex marriage has been legal in Michigan since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26,2015. The U.S. state of Michigan had previously banned the recognition of same-sex unions in any form after a popular vote added an amendment to the Constitution of Michigan in 2004. A statute enacted in 1996 also banned both the licensing of same-sex marriages and the recognition of same-sex marriages from other jurisdictions.
Same-sex marriage has been legal in Alabama since June 26,2015,in accordance with the U.S. Supreme Court's ruling in Obergefell v. Hodges. Not all counties immediately complied with the ruling,copying behavior from the civil rights era when they had refused to perform interracial marriages. A year after the Supreme Court ruling,twelve counties would either issue licenses to no one or only to opposite-sex couples. By 2017,this number had dropped to only eight counties,with all eight refusing to issue licenses to anyone. In May 2019,the Alabama Legislature passed a bill replacing the option that counties issue marriage licenses and perform marriage ceremonies with the requirement of counties to record marriage certificates. Subsequently,all counties complied and announced on August 29,2019 that they would record marriage certificates for interracial and same-sex couples. Previously,Alabama had banned the licensing of same-sex marriages and the recognition of such marriages from other jurisdictions by executive order in 1996,by statute in 1998,and by constitutional amendment in June 2006.
Same-sex marriage is not currently performed in American Samoa,though same-sex marriages from other jurisdictions are recognized. On June 26,2015,the U.S. Supreme Court ruled in Obergefell v. Hodges that the Fourteenth Amendment of the U.S. Constitution guarantees same-sex couples the right to marry. The ruling legalized same-sex marriage nationwide in the United States;however,it is uncertain how the ruling applies to American Samoa as the territory is unincorporated and unorganized. In July 2015,Governor Lolo Matalasi Moliga said he believed that the Supreme Court's ruling does not apply to American Samoa.
The solicitor general of Florida or Florida solicitor general is the top appellate (appeals) solicitor (lawyer) for the U.S. State of Florida. It is an appointed position in the Office of the Florida Attorney General and the individual serves at the pleasure of the attorney general. Many of the cases handled by the Solicitor are argued in the United States Supreme Court and the Supreme Court of Florida. However some cases within the solicitor's responsibilities are under the jurisdiction of the United States Court of Appeals for the 11th Circuit and the state appellate courts. The solicitor represents the Florida attorney general before the Florida Supreme Court and other appellate courts,as needed. He also decides whether the State of Florida has an interest in all cases filed in the Florida Supreme Court and if the state should file or join an amicus brief.
The Michigan Solicitor General or Solicitor General of Michigan is the top appellate lawyer for the State of Michigan. It is an appointed position in the Office of the Michigan Attorney General,with supervision over all of the office's major appellate cases and amici briefs. The majority of the matters that the Solicitor General handles are argued in the United States Supreme Court and the Michigan Supreme Court,although the Solicitor General is also responsible for Michigan's filings in the United States Court of Appeals for the Sixth Circuit,Michigan's appellate courts,and other federal and state appellate courts. On January 15,2019,Michigan Attorney General Dana Nessel named Fadwa A. Hammoud Michigan Solicitor General.
DeBoer v. Snyder is a lawsuit that was filed by April DeBoer and Jayne Rowse on January 23,2012,in federal district court,challenging Michigan's ban on adoption by same-sex couples so they can jointly adopt their children. In August 2012,Judge Bernard A. Friedman invited the couple to amend their suit to challenge the state's ban on same-sex marriage,"the underlying issue". Following a hearing on October 16,2013,Friedman scheduled a trial that ran from February 25 to March 7,2014. On March 21,Judge Friedman issued his ruling overturning the ban. On March 22,the United States Court of Appeals for the Sixth Circuit placed a temporary hold on Judge Friedman's ruling. The appeal was argued on August 6. On November 6,the Sixth Circuit reversed Judge Friedman and upheld Michigan's ban on same-sex marriage.
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Accidental Activists is a 2016 American documentary film directed by Mandi Wright. It was written and produced by Kathy Kieliszewski,in conjunction with the Detroit Free Press. The film follows April DeBoer and her partner Jayne Rowse,who went to court and challenged the state of Michigan's adoption law. When the judge told them they would lose their case,he suggested they instead challenge the state's same-sex marriage ban. They consider themselves "accidental activists," meaning they filed lawsuits not to further a cause,but because of the way the bans affected their lives. The documentary premiered on April 2,2016,at the Freep Film Festival,and went on to screen at several other film fests around the country. It was later shown on Detroit Public TV.
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