In 2010, amidst rumors that the Michigan Republican Party would not formally nominate her for a third term, Justice
Elizabeth Weaver announced plans to run as an independent. Just days before both political parties were to formally nominate candidates for the statewide ballot, Weaver unexpectedly resigned from the court, allowing Granholm to appoint Davis as her replacement, serving the final four months of Weaver's term. The appointment of Davis gave Democratic-nominated or appointed justices a brief, but solid 4-3 majority on the Court after years being in the minority after appointments from former Gov.
John Engler. The first formal opinion from Davis was a dissenting opinion in
Certified Question (Waeschle v Oakland Co Med Examiner), a case that involved whether the next of kin of a deceased person had the right to possess the brain of a dead relative if the brain had been detained by the county medical examiner in investigation of a crime. Davis did not rule on the merits, instead saying he believed the Court should not have been involved in the case. Davis was formally nominated for a full-term by the Michigan Democratic Party on August 29, 2010. He was defeated by Republican Mary Beth Kelly, despite prominent endorsements from high-profile labor unions. Considered a friend of organized labor throughout his career, Davis was endorsed by the United Auto Workers, Michigan AFL-CIO, Michigan Nurses Association, Michigan Professional Firefighters Union, the Police Officers Association of Michigan Union and others. Before being appointed by Granholm to the Court, Davis worked as the Chairman of the Crawford County Democratic Party, was a Regional Coordinator for former Democratic Governor James Blanchard's first gubernatorial campaign and was a Blanchard appointee to the Michigan State Building Authority. Davis is also a member of the Michigan Trial Lawyers Association. ==Personal life==