Little noticed, but the high-stakes elections in November will be for seats on the state Supreme Court, where legal precedents on the issues will be established. such as abortion, election integrity, gun rights, redistricting and other issues.
According to Ballotpedia, in 2024, 82 state Supreme Court seats will be decided by voters in 33 states and Guam. Of those, 18 races are partisan, 34 are nonpartisan and 30 are retention elections, meaning that instead of deciding between two candidates, voters will decide whether a judge, usually appointed by a governor, will remain on the state's highest court. However, some disputes have already been resolved, with other candidates running unopposed in the November elections.
Some of these judicial contests are taking place in key states such as Arizona, Michigan and North Carolina, where turnout is almost certain to be higher in presidential contests.
“Across the country, as the federal Supreme Court eliminates the role of federal courts, we see an expanded role for state courts,” said David Porter, former assistant attorney general of Michigan.
In Michigan, although Democrats hold a 4-3 majority on the state's highest court, two seats on the Supreme Court are up for grabs. Although the races are nonpartisan, state parties support one candidate.
Republican state Rep. Andrew Fink is running for the seat against University of Michigan Law School professor Kimberly Thomas.
Current Supreme Court Justice Kyra Harris Bolden was nominated by Democratic Gov. Gretchen Whitmer in November 2022. This year, he is running against state Circuit Court Judge Patrick O'Grady to keep his seat. Whitmer appointed Bolden to fill a vacancy caused by the departure of Judge Bridget Mary McCormack.
“For the past two decades, the state Supreme Court has been led by a conservative majority,” Porter said. “We are seeing a big change now. Liberal judges have taken control and are more willing to reconsider the decisions of the last 20 years.”
Porter described Justice Elizabeth Clement as the swing vote; So, if Democrats expand their majority to 5-2, it could sometimes be a 6-1 decision.
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In Arizona, voters will determine whether two Republican-appointed judges, Clint Bolick and Kathryn Hackett King, remain on that state's high court.
It's unclear whether voters are paying more attention to state Supreme Court cases, but political donors appear to be, said Dominick Drye, a former Arizona attorney general.
“I don’t know if voters are paying more attention to these races, but out-of-state money is being spent compared to previous retention races,” Drye told Fox News Digital. “I don’t remember seeing yard signs before. Now I see yard signs everywhere and I’m either holding mail or not.”
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All seven judges are Republican nominees, and two are up for grabs in November. If the vacancy opens, Democratic Gov. Katie Hobbs will choose his replacement.
“It has become a political debate rather than a debate about whether a judge can be fair and impartial,” Drey said. “There are people who want to obtain certain results in the judicial process and change the structure of the court.”
In North Carolina, Republicans hold a 5-2 majority on the state Supreme Court and aim to increase it to 6-1. Current Judge Alison Riggs, a Democrat, running against Republican challenger Jefferson Griffin, a state appeals court judge.
Although Nevada is a hotly contested state among presidential candidates, three incumbent state Supreme Court justices, Elisa Caddish, Patricia Lee and Lydia Stiglich, are running unopposed and there is little to worry about with a potentially high turnout.
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Meanwhile, another nationally prominent state, Georgia, already has state elections for the Supreme Court in May.
But it's not a battleground Presidential raceOther states will likely feature heavily in competitive Senate races, which will come down to Supreme Court races.
Montana has two nonpartisan races for high courts. One is between Broadwater County Prosecutor Corey Swanson and former federal magistrate Jerry Lynch. Another is between two district judges, Catherine Bidegare and Dan Wilson.
Ohio has a very competitive Senate race, which is another incentive for voter participation. The state has a 4-3 Republican majority. An Ohio nation has two sitting judges.
Governor Mike DeWine appointed Judge Joseph Deters in 2023 to fill the remainder of Judge Sharon Kennedy's term after Kennedy won the chief justice seat. But Deters has decided to remain on the court and is challenging another incumbent, Judge Melody Stewart, a Democrat.
This view shows the Ohio Statehouse. The expected high voter turnout in Ohio will likely spill over into the Supreme Court race. (Maddie McGarvey/For the Washington Post)
Also in Ohio, Democratic Judge Michael Donnelly faces Republican challenger Megan Shanahan, a Hamilton County judge. Democrat Lisa Forbes, a state appeals court judge, is facing Republican Dan Hawkins, a Franklin County judge, for the seat.
In Kentucky, conservative-leaning Chief Justice Lawrence VanMeter is retiring at the end of his term. That leaves a nonpartisan race for the seat between Lexington attorney Erin Izzo and Pamela R. Goodwin, an appeals court judge who has the support of Democratic Gov. Andy Beshear. Although the winner of the contest will fill a vacancy, the next court president will be chosen by the court's peers.
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Two of the country's largest states also hold Supreme Court races in November.
in TexasThree Republican judges face Democratic opponents, all district judges. GOP incumbent Jimmy Blacklock faces Democrat Dacian Jones; Republican Judge John Devine faces Democrat Christine Weems; And Judge Jane Bland is challenging Democrat Bonnie Lee Goldstein
In Florida, two judges, Renatha Francis and Meredith Sasso, hold retention elections. Both are appointed by Republican Governor Ron DeSantis.
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