New Report Highlights the State of State Courts

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Zack Ford, Press Secretary
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FOR IMMEDIATE RELEASE

WASHINGTON, D.C., February 27, 2026 – As the U.S. Supreme Court continues to abdicate its responsibility to protect our civil rights and uphold the rule of law, state supreme courts are playing a huge role in protecting our democracy. A new report from Alliance for Justice and the Alliance for Justice Action Campaign, The 2025 State of Justice, profiles the many developments in state supreme courts in 2025 and what to expect in those courts in the near future. 

Not only do state supreme courts hear many more cases than ever would advance through the federal courts, but the public also has a much bigger role to play in deciding who sits on those benches. Many states hold elections to select state justices or to retain them, and these elections grow more high-profile and more contentious every year. The 2025 state court elections in Wisconsin and Pennsylvania shattered previous spending records in both states, with over $18 million spent in Pennsylvania and a whopping $100+ million spent in Wisconsin — thanks in large part to Elon Musk’s attempt to buy a state supreme court seat. 

In 2026, voters in 32 states will have the opportunity to weigh in on who sits on their courts, deciding the occupants of 66 seats. This includes five partisan elections, 13 nonpartisan elections, and 14 retention elections. 

In states with an appointment process, there are incredible opportunities to increase the number of movement lawyers on the bench — those who have worked to protect everyday people instead of just the rich and powerful. Out of the 17 possible appointments across state courts in 2025, only two were filled by movement lawyers — Colleen Melody in Washington and Larkin Walsh in Kansas. In 2026, there are already nine vacancies waiting to be filled, and many more could open. 

Rachel Rossi, president of Alliance for Justice and Alliance for Justice Action, issued the following statement: 

“We cannot overstate the importance of our state supreme courts in 2026. So much attention is focused right now on challenges to the Trump administration playing out in federal courts, but in the meantime, our state supreme courts are tackling big questions about criminal justice, gun safety, immigrants’ and workers’ rights, reproductive freedom, and basic due process under the law. State and local voters and organizers have an incredible opportunity to shape their state supreme courts, but only if they know what’s at stake and how they can make an impact. Our organizations are proud to provide this vital report to ensure we are fighting for state supreme courts across the country that will continue to advance the cause of justice at a time when it otherwise feels so fleeting.” 

Click here to read The State of Justice 2025.

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