David Francis Viviano[1] (born December 8, 1971) is a former justice of the Michigan Supreme Court, appointed by Governor Rick Snyder on February 27, 2013, to fill the vacancy created by the resignation of Justice Diane Hathaway.
Viviano defeated Deborah Thomas and Kerry L. Morgan in the general election on November 4, 2014, receiving 62.1 percent of the vote.
[3] 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.
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.