Groups on both sides of the aisle agree on at least one thing: State Supreme Court seats are crucial in Tuesday’s election.
Montana, Michigan, Ohio and North Carolina are among the 33 states where at least one Supreme Court race will appear on the ballot in addition to other competitive races. Some of them will determine control of their state’s highest courts, prompting a flood of advertising.
There’s been a growing realization of the power of state Supreme Courts since the U.S. Supreme Court overturned Roe v. Wade in 2022, and there have been signs of a changing political environment around them. But Tuesday’s election is the first time since that decision that this many voters will weigh in.
“People are really starting to understand the role these courts play in their everyday lives and their ability to access health care, and, you know, live freely,” said Ianthe Metzger, spokesperson for Planned Parenthood Votes, the political arm of Planned Parenthood.
Metzger said Planned Parenthood Votes has put $5 million into the races in Arizona, Michigan, Montana, Ohio, North Carolina and Texas.
Planned Parenthood Votes isn’t the only group closely tracking these races. Reuters reported millions of dollars in spending nationwide to win these seats from groups on both sides of the aisle. They include the ACLU and the Republican State Leadership Committee’s Judicial Fairness Initiative, which fundraises for conservative state judges.
In Michigan and Ohio, the races on the ballot this fall could flip the balance of power on the bench. Even though voters in both states approved amendments protecting abortion rights, abortion rights advocates see the state Supreme Court as essential to keeping that status quo, and they’re arguing the same to voters.
In Arizona, voters will decide whether two incumbents should stay for a full term. Both upheld an 1864 abortion ban back in April, before the state legislature repealed it the next month. Now, those justices are the targets of abortion rights groups who want them gone, the Arizona Republic reported. They’d be the first justices voted out in the state’s history.
Some of the groups investing in these races are running massive voter education programs, including the ACLU, which is nonpartisan and doesn’t endorse candidates.
“Parties are, of course, involved, although I think they always have been, but you know, maybe more involved than they have been in the past,” said Deirdre Schifeling, chief political and advocacy officer for the ACLU.
State parties see an opening to support ideologically aligned candidates. In North Carolina, where there’s an open seat on the state Supreme Court, the state Republican Party is helping boost the Republican candidate.
“It just comes down to, these races are important because, you know, they’ve had so many issues come before them over the last several years,” said Matt Mercer, communications director for the North Carolina GOP.
A race for a seat on the Wisconsin Supreme Court cost $50 million in 2023, the most expensive race of its kind. There, Democrats boosted the justice who eventually won by highlighting abortion as a key issue, and the race got massive national attention.
It’s not just the races that are getting more attention. So are some of their decisions. Earlier this year, the Alabama state Supreme Court came under the spotlight when it ruled that frozen embryos are children, prompting national backlash and forcing national Republicans to distance themselves from the decision.
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Helen Huiskes is a reporter at NOTUS and an Allbritton Journalism Institute fellow.