Search This Blog

Tuesday, April 8, 2025

The Problem with Judicial Elections

Many posts have discussed the independence of the judiciary.

  Megan O’Matz at Pro Publica:

Officially the [Wisconsin] Supreme Court race was nonpartisan. Crawford and Schimel did not run with an R or D beside their name. Wisconsin judges take an oath to be faithful to the state constitution, to administer justice without favoritism and to act impartially.

But the spectacularly high-profile Wisconsin contest was undeniably political. The nonpartisan Brennan Center for Justice estimated the spending topped $100 million — making it the most expensive judicial race in U.S. history. Large sums came from political action committees and shadowy third-party groups that funneled money into TV ads, mailers, canvassing and other assistance.
....
Similar to how U.S. Supreme Court nominations have been subject to political maneuvering, state courts in recent years have seen battles over ideological control.

In North Carolina, where justices run under partisan labels, the Republican-led Supreme Court blocked the certification of a Democrat elected to the bench in November, while the GOP candidate challenges the validity of more than 60,000 ballots cast in the race. On Friday, the state’s lower court of appeals, in a 2-1 decision led by Republicans, ordered those voters to provide their driver’s license or Social Security number within 15 days to demonstrate their eligibility to vote. Democrats vowed to challenge the ruling in front of the state Supreme Court.

And in Iowa, after the Supreme Court in 2018 ruled that the state constitution protected the right to an abortion, the Legislature changed who can serve on the state’s judicial nominating commission. New justices, appointed by the state’s Republican governor, in 2022 reconsidered the abortion issue and reversed course, also citing the constitution.

The debate over money in Wisconsin’s state Supreme Court races goes back more than 15 years, when the state enacted public financing for such contests to limit spending. But that did not last long. Republicans threw out spending reforms in 2015, and the money devoted to these races has grown exponentially.