Law and Politics: The Case of State Judicial Elections

Alicia Bannon, Director of the Judiciary Program at the Brennan Center for Justice, discusses the politics of state
judicial elections with Associate Dean Rodger Citron.  In 38 states, judges are elected.  As Bannon describes, judicial elections used to be “sleepy” – not much campaigning was done and not much money was spent. 
For a number of reasons, that has changed.  In 2023, for example, about $51 million was spent on the election of a state supreme court justice in Wisconsin. 

 
Furthermore, as Bannon explains, state courts matter.  The most notable example of the importance of state courts is that they very well may have the final say on laws allowing or restricting access to abortion after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization in 2022.  Bannon describes how
judicial elections have become more politicized, what effect this has on the operation and perception of state judicial systems, and what, if anything, can be done in response to these developments.