WASHINGTON, D.C., March 27, 2023 – As the Wisconsin Supreme Court race enters its home stretch, Alliance for Justice Action Campaign is redoubling its commitment to preserving democracy in the state with an additional five-figure campaign on top of its ongoing efforts to get out the vote and support Janet Protasiewicz on April 4. 

The campaign will feature a video that highlights Protasiewicz’s commitment to equality and justice for all and the importance of flipping the Wisconsin Supreme Court to protect core democratic principles. In contrast, Dan Kelly is an extremist who openly opposes abortion access, who has compared affirmative action and social security to slavery, and who openly worked for the Republican Party to advise on election issues. For years, Republican lawmakers in Wisconsin have been gutting the power of the governor and undermining access to the polls, and Kelly cannot be allowed to rule on anti-democratic cases he may have literally helped devise the legal strategy for in the first place. 

Additionally, the campaign will include roughly $50,000 in voter outreach and education through text messages and banner ads, which will help voters understand that the election is happening, that it’s not too late to register to vote, why it is important to vote, and how to find their polling place or request and cast an absentee ballot.  

Jake Faleschini, AFJ Action Legal Director for State Courts, issued the following statement: 

“The stakes could not be higher in this Wisconsin Supreme Court race, which has already become the most expensive state supreme court race in American history. It is no exaggeration to say that democracy is literally on the line. For the past decade, Wisconsin has been a failed state thanks to the Republican Party gerrymandering the legislature to maintain control even when it has lacked majority support from voters. We cannot allow the Wisconsin Supreme Court to continue to prop up this non-representative power grab with more attacks on voting rights and representation that could impact federal representation as well. AFJ Action is committed to preserving democracy and fighting to seat progressive jurists ready to protect equality and justice for all.” 

WASHINGTON, D.C., February 10, 2023 – In the last week of January, the Washington Supreme Court heard oral arguments in a case in which a group of wealthy conservative activists are challenging a capital gains tax passed by the Washington state legislature. In their attempts to defeat the tax, which is expected to bring in about $500 million that will fund early childhood education in the state, one group has admitted to openly attempting to lobby the justices on that court.

In the days leading up to the hearing, the Washington Policy Center (WPC) — a rightwing, Freedom Foundation-aligned think tank in Washington and an amicus filer in the case — informed donors that it planned to run ads directly targeting the justices and their staff at their offices and homes to sway their thinking against the tax. In addition to being an amicus filer, two parties named in the lawsuit also sit on the WPC board. This ad campaign, they admitted to donors, would involve using microtargeting techniques like geo-fencing to ensure the justices, their staff, and their influencers see their materials.

Jake Faleschini, Legal Director for State Courts at Alliance for Justice Action Campaign, issued the following statement:

“It’s astonishing to see conservative groups openly admit that they’re trying to win their cases outside of the courtroom. I’m young enough to remember when conservatives tried to convince the nation that judges just call balls and strikes while they decried rulings they didn’t like as ‘judicial activism.’ Now, conservatives don’t even pretend to care about winning cases on the merits.

“As we’ve learned from recent revelations about anti-abortion groups courting the U.S. Supreme Court, this is not an isolated incident. Conservatives have transformed our federal courts into political institutions and want to do the same with our state courts. This is why public faith in our courts is so low. People from all political backgrounds should come together to condemn these lobbying tactics. If the president and CEO of the Washington Policy Center, who is a member of the Washington State Bar Association, had a hand in these attempted ex parte communications with the justices, then he should be disbarred for ethics violations. The only way to restore trust in our justice system is to make sure the courtroom is a level playing field for all cases.”

WASHINGTON, D.C., January 18, 2023 – Today the New York State Senate Judiciary Committee voted to reject the nomination of Justice Hector LaSalle to the state’s highest court. LaSalle has a disturbingly conservative record, raising questions as to why Gov. Kathy Hochul nominated him and lobbied so persistently for his confirmation. 

Jake Faleschini, AFJ Action’s Legal Director for State Courts, issued the following statement: 

“The senators did the right thing today in rejecting Hector LaSalle’s nomination to the New York Court of Appeals. His anti-worker, anti-abortion, and anti-criminal justice record proved disqualifying. Even during today’s hearing, LaSalle defended his past ruling allowing jurors to be removed from cases based on their skin color. New Yorkers deserve better than a judge with such a backwards perspective. They deserve a Court that is committed to protecting civil rights and upholding equal justice for all. We urge Gov. Hochul to choose a nominee worthy of such support.” 

WASHINGTON, D.C., January 9, 2023 – In late December, New York Gov. Kathy Hochul nominated Hector LaSalle to be the new chief judge of the Court of Appeals, the state’s highest court. The opening is an opportunity to swing the Court from a 4–3 conservative majority to a 4–3 liberal majority, but LaSalle brings a conservative record that is anti-worker, anti-abortion, and anti-criminal justice. While LaSalle enjoys some support given that he would be New York’s first Latino chief judge, his conservative background has earned him significant opposition. 

New York’s Senate, which must confirm the nomination, is strongly controlled by a Democratic supermajority, enough of whom have now come out against LaSalle’s confirmation to prevent the appointment without Republican support. Sen. Brad Hoylman, who chairs the state Senate’s judiciary committee, has previously indicated he is unwilling to advance LaSalle’s nomination if it would require Republican votes. 

Alliance for Justice Action Campaign opposes LaSalle’s nomination and urges Gov. Hochul to select a new nominee. 

Jake Faleschini, AFJ Action’s Legal Director for State Courts, issued the following statement: 

“Enough is enough. At the federal level, we have learned how dangerous it is to let our courts run amok with conservative activists. Over the past year, we saw the U.S. Supreme Court issue not only the Dobbs ruling overturning Roe v. Wade but also the Bruen ruling gutting New York’s gun violence prevention measures. New York has a rare opportunity to reinvigorate its own highest court by ensuring that it is controlled by judges committed to civil rights and equal justice for all. Hector LaSalle is clearly the wrong pick for chief judge. Gov. Hochul should withdraw his nomination immediately and instead pick one of the three highly qualified women forwarded by her Judicial Screening Committee. It is time to end this needless charade and move on.” 

WASHINGTON, D.C., November 22, 2022 – Michigan Gov. Gretchen Whitmer announced today her intentions to appoint Rep. Kyra Harris Bolden to a vacancy on the Michigan Supreme Court. In September, Chief Justice Bridget Mary McCormack notified Whitmer of her plans to retire from the bench by the end of this year.  Bolden will fill that vacancy. She challenged Justice Brian Zahra, an incumbent conservative and Federalist Society member, in the 2022 election, and was the first runner-up. 

With McCormick stepping down, Whitmer is right to appoint Bolden to the new opening. Not only did Bolden demonstrate that she has popular support for the position, but she will bring important professional and demographic diversity to the Court. She brings professional diversity with her background as a criminal defense attorney and elected legislator and demographic diversity as the first African-American woman to ever serve on the Michigan Supreme Court. 

Alliance for Justice Action Campaign Legal Director for State Courts Jake Faleschini issued the following statement: 

“Governor Whitmer is making the perfect choice in appointing Rep. Bolden to the Michigan Supreme Court. Our state courts are more essential than ever as the U.S. Supreme Court demurs on key questions about our civil rights, our democracy, and our environment. Bolden has demonstrated an unflappable commitment to equal justice under the law and will be an exceptional public servant to the people of Michigan. We congratulate Bolden on her appointment and extend our appreciation to Whitmer for making this decision for Michigan’s Supreme Court. We look forward to helping Justice Bolden hold her position on the Court.” 

WASHINGTON, D.C., November 9, 2022 – In Tuesday’s elections, voters across the country had the chance to weigh in on who will serve on several of our nation’s state supreme courts. These courts are as important as ever, serving as the final word on questions of abortion rights, access to democracy, criminal justice reform, access to justice, and the environment. 

There were significant victories for equal justice in Tuesday’s races. In Michigan, Justice Richard Bernstein retained his seat on the Michigan Supreme Court, and there is a key opportunity to appoint runner-up Kyra Harris Bolden to a remaining vacant seat. In Montana, Justice Ingrid Gayle Gustafson retained her seat. And in Kansas, the justices who had previously ruled that Kansas’s constitution protects access to abortion retained their seats despite efforts to oust them. It likewise appears Illinois will secure a Democratic supermajority on its Supreme Court, which will help ensure abortion access continues in the state, where there is heavy demand from the many surrounding Midwest states where millions are now being forced to carry even dangerous pregnancies to term. 

However, there were setbacks, particularly in states that had explicitly partisan judicial elections. In North Carolina, Republicans Trey Allen and Richard Dietz won their races, which will flip the Court from a 4–3 Democratic majority to a 5–2 Republican majority. In Ohio, Republicans Pat DeWine, Pat Fischer, and Sharon Kennedy won their races, cementing a Republican majority on the Ohio Supreme Court. This does not bode well for ongoing fights in North Carolina or Ohio regarding both abortion access and free and fair elections. 

Alliance for Justice Action Campaign Legal Director for State Courts Jake Faleschini issued the following statement: 

“Voters are awakening to how vital our state courts are to preserving the rights and protections we hold so dear. With unprecedented turnout during a midterm election, voters in states like Michigan, Illinois, and Kansas turned out to elect or retain judges who have demonstrated their commitment to the rule of law and equal justice.  

“Unfortunately, Tuesday also saw conservatives solidify control of several important state courts. If the U.S. Supreme Court is going to keep dismantling federal civil rights and protections, we must continue to fight for state courts that will uphold them instead. We took an important step in that direction Tuesday, but we have a lot more work ahead to help voters understand the crucial role these courts play. If states are going to be increasingly relied upon to serve as laboratories of democracy, the fight must continue to ensure state courts are ready to protect the freedoms promised by that democracy. With crucial state supreme court races coming up in Wisconsin and Pennsylvania in 2023, we must all start working now to secure victories in those states.” 

WASHINGTON, D.C., November 4, 2022 – It was reported this week that Michigan Supreme Court Justice Brian Zahra paid for the abortion of his ex-wife Alyssa Jones while they were dating in 1983. Jones came forward to share this news as Zahra seeks reelection to the Court given his opposition to Proposal 3, a ballot initiative to guarantee abortion access under Michigan law. Zahra was one of two justices who dissented in a challenge to Proposal 3, arguing it should not be placed on the ballot merely because of word-spacing typos. 

Alliance for Justice Action Campaign Legal Director for State Courts Jake Faleschini issued the following statement: 

“In the wake of Dobbs, the American people are waking up to the reality of how judges can put their politics above fidelity to the law. The Supreme Court of Michigan is no different, but Michigan voters have a clear choice. As they go to the polls to protect access to abortion, not only can they vote for Proposal 3, but they can also vote against the hypocrisy of Justice Brian Zahra. Opposition to abortion is often motivated by power, and Zahra, a Federalist Society member, is an activist judge who wants rights for himself but then will blatantly misread the law to take it away from others. 

“That’s why AFJ Action is proud to support Rep. Kyra Harris Bolden to unseat Zahra. We look forward to seeing her become the first African American woman to sit on the Michigan Supreme Court, where she will follow the law and provide justice for all.” 

Click here to watch AFJ Action’s endorsement ad for Richard Bernstein and Kyra Harris Bolden. 

Paid for by AFJ Action and not authorized by any candidate or candidate’s committee.  

WASHINGTON, D.C., August 22, 2022 – This weekend, the Michigan Democratic Party nominated two Michigan Supreme Court candidates, Justice Richard Bernstein (for reelection) and Representative Kyra Harris Bolden, in the November election. The Michigan Supreme Court has played an essential role in protecting the democratic process, access to clean water, workers’ rights, civil rights, and more — and these nominees will ensure that work toward equal justice will continue. This is particularly important in the wake of the U.S. Supreme Court’s decision in Dobbs as the state Supreme Court considers challenges to the enforcement of a 91-year-old pre-Roe abortion ban. 

Justice Richard Bernstein is seeking reelection to the Michigan Supreme Court, having built his legal career as a champion for disability rights. He launched a public service division at his family’s law firm and dedicated many pro bono hours to advocating for people with disabilities. He is the first blind justice to serve on the Court. 

Rep. Kyra Harris Bolden is fighting to unseat Justice Brian Zahra, who is an active member of the conservative Federalist Society. Bolden has served in the Michigan State House since 2019, and previously served in private practice focusing on civil litigation. She would bring professional diversity to the bench having served as a criminal defense attorney, unlike Zahra, whose career focused on defending the wealthy and powerful in commercial and product liability litigation. Bolden would also be the first African-American woman ever to serve on the Michigan Supreme Court. 

If Bernstein and Bolden both win their elections, Democrats will secure a 5–2 majority on the Michigan Supreme Court. The Alliance for Justice Action Campaign applauds their nominations this weekend. 

Alliance for Justice Action Campaign Legal Director for State Courts Jake Faleschini issued the following statement: 

“State courts have always been important, but in the wake of Dobbs they have become even more crucial. State courts will serve as a last line of defense in protecting abortion access and many other civil rights. For too long, conservatives have politicized the state courts with ideological nominees like Justice Zahra. Michiganders deserve better. The Michigan Democratic Party has nominated two excellent candidates in Justice Bernstein and Representative Bolden, and we can only hope other states take their Supreme Court elections as seriously. Too much is on the line to ignore the importance of our state courts to the lives of most people – especially at this critical moment.” 

WASHINGTON, D.C. May 3, 2022 – Last night, Politico published a draft opinion showing that the Supreme Court’s conservative majority is planning to formally overturn people’s constitutional right to an abortion as established Roe v. Wade and affirmed in Planned Parenthood v. Casey. The draft decision opens the door for the Supreme Court to overturn other important decisions such as Griswold v. Connecticut, which established a constitutional right to access to birth control, Obergefell v. Hodges, which established the constitutional right to marriage equality, and Lawrence v. Texas, which established the constitutional right to consensual same-sex relationships.   

The decision is not final, and Roe remains the law of the land, but the time to act is now. Lawmakers must be prepared to take extraordinary steps to correct for this lawless and increasingly partisan Supreme Court to protect people’s constitutional right to abortion, marriage equality, access to birth control, and interracial marriage. 

Alliance for Justice Action Campaign President Rakim H.D. Brooks issued the following statement: 

“This draft decision is the product of Republicans’ decades-long campaign to stack the Court with hyper-partisan extremists. The Republican senators who helped seat the Court’s extremists must be held accountable and not allowed to return to office.  

“Alliance for Justice Action Campaign is redoubling its efforts to educate the public on the disastrous decision, and to hold Republican officials accountable for their ongoing attacks on reproductive freedom. This year’s election could not be more pivotal. If the current Democratic majority in Congress is unable to accomplish these goals, that majority must not only be preserved, but expanded. Fighting to preserve access to abortion and the other rights clearly under threat is essential.  

“The words ‘Expand the Court’ and ‘Abolish the Filibuster’ must be on the lips of every politician who purports to support access to abortion.  Dismantling the anti-democratic Jim Crow filibuster is the only path forward to protecting our rights. Access to abortion, a fundamental aspect of reproductive health care, now depends on passing the Women’s Health Protection Act (WHPA) and ensuring the Court’s conservative majority cannot simply overturn it in a future decision.  

“It is also more important than ever that voters pay attention to their state court races. Until abortion access can be restored at the federal level, state supreme courts will have the final say on abortion restrictions across the country. In many states, the judges and justices on these courts are elected, and voters have a unique opportunity to weigh in directly in a way that is not available at the federal level. 

“We can prevail, but we must act now. We know where this Supreme Court wants to take our nation and we can’t afford to fail.” 

WASHINGTON, D.C., March 29, 2022 – In recent weeks, incredible revelations have come to light regarding the political activity of Ginni Thomas, wife of Supreme Court Justice Clarence Thomas. Evidence shows that Ginni Thomas was intimately involved in President Trump’s efforts to overturn the 2020 election, including direct coordination with senior administration staff inside the Trump White House. Ginni Thomas also admitted that she attended the January 6 rally where the insurrection began. In at least some of her communications with President Trump’s then-Chief of Staff Mark Meadows, Ginni Thomas appears to have referenced discussing her activities directly with Justice Thomas.

Justice Clarence Thomas has repeatedly refused to recuse himself from ongoing litigation resulting from the January 6th insurrection, and he was the only Supreme Court justice to vote against the Court’s January ruling that President Trump must turn over important White House records related to the insurrection. It is now clear that at least some of these records directly implicate his wife in potentially criminal activities. As such, Alliance for Justice Action Fund calls for the following:

• Congress must immediately pass legislation establishing an enforceable ethical code of conduct for the U.S. Supreme Court that is equal to or more stringent than the judicial code of ethics for lower court judges.
• Justice Thomas must recuse himself from all cases involving the January 6th insurrection.
• Congress must launch a separate investigation into Ginni Thomas’s involvement in President Trump’s efforts to overturn the 2020 election, including whether or not Justice Thomas had any involvement in these activities.

Alliance for Justice Action Campaign President Rakim H.D. Brooks issued the following statement: 

“The revelations surrounding Ginni Thomas are profoundly disturbing. They should alarm anyone who cares about the sanctity and security of our democracy as well as the Supreme Court’s legitimacy within our system of government.

“Ginni Thomas’s efforts to keep Trump in office were extreme, possibly unlawful, and they call into question whether Justice Thomas, who has sworn to protect our Constitution, may have been indirectly involved in efforts to undermine and overturn fair and free elections. Justice Thomas must recuse himself from any cases even tangentially related to January 6. There is now sufficient publicly available information that would call his impartiality into question.

“AFJ Action renews its call for Congress to pass a law implementing a code of ethics for the justices to follow, just as lower court judges are bound to such a code. Supreme Court justices are not above the law, nor should they be shielded from public accountability for potentially unlawful or corrupt activities. As it stands, however, Supreme Court justices are only accountable to themselves. There must be a check on these obvious and alarming conflicts of interest for our democracy to persevere. Trust in the Supreme Court is already at an all-time low.”

WASHINGTON, D.C., October 14, 2021 – Today four of Arizona’s leading constitutional law experts — including former Arizona Supreme Court Justice Stanley Feldman and Paul Bender, Dean Emeritus for the Sandra Day O’Connor College of Law — submitted a letter to Senator Kyrsten Sinema rebutting her claim that the Senate filibuster serves as a “guardrail” to “[protect] the democracy of our nation.” 

In their letter, the constitutional law experts urged Senator Sinema to support a modified filibuster allowing for the passage of urgently needed voting rights protections. The letter comes three months after the Supreme Court gutted the Voting Rights Act in Brnovich v. DNC, and after dozens of states, including Arizona, have passed new voting rights restrictions targeting democratic voters and people of color. Senator Sinema’s staunch support of the filibuster is one of the primary obstacles to advancing federal voting rights legislation out of the Senate. 

The signers urge Senator Sinema to recognize that preserving the tradition of the filibuster is less important than protecting democracy itself. They note that: 

“When there is a conflict between the filibuster and the people’s ability to protect fundamental constitutional rights, then it is those rights — and not the filibuster — that must win out. To allow otherwise would place the filibuster, a procedural mechanism, above the most important tenets of our democratic system.” 

They conclude: “We implore you, given the urgency and importance of this moment, to support a carve out that and ensures the Senate does not prioritize procedure over the nation’s Constitution and the fundamental rights of Arizonans.” 

Alliance for Justice Action Fund President Rakim Brooks issued the following statement: 

“After the January 6th insurrection, it should be clear that our democracy is at its most fragile point in over a century. We join these legal experts in calling on Senator Sinema to fully embrace democracy, including in the hallowed halls of the Senate. It’s time to abandon the Jim Crow filibuster once and for all and inject the federal voting rights and election protections our democracy so desperately needs. Every American must be assured that their constitutional right to vote will be respected.” 

Click here to read the full letter.

WASHINGTON, D.C., September 2, 2021 – AFJ Action Campaign announced today its commitment to six-figure advocacy campaigns in Georgia, Pennsylvania, and Arizona highlighting yesterday’s Supreme Court decision to ignore long-established precedent and overrule Roe v. Wade. Because of that decision, which was issued by five ultraconservative justices — including all three Trump-appointed Supreme Court Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — the people of Texas no longer have a full constitutional right to an abortion. AFJAC expects that the Court’s decision will lead to further unconstitutional abortion bans around the country, and AFJAC may launch additional campaigns into other states as part of its fight to maintain and strengthen a pro-Roe majority in the U.S. Senate.

Additionally, AFJAC also announced today that it is launching a new campaign focused on voter education and mobilization around state courts. As the federal judiciary retreats from the Constitution’s unwavering commitment to liberty and bodily autonomy, state courts will become ground zero in this fight. AFJAC will ensure that concerned citizens are made aware of what state courts can and should do in the fight to preserve people’s safe and constitutional access to reproductive healthcare.

The Court’s 5–4 decision is the culmination of a forty-year campaign by the Republican Party, Federalist Society, and the ultraconservative members of the Court to overturn Roe. The decision opens the door for other Republican-led states to quickly enact laws similar to SB8 in Texas. That law bans abortion at six weeks — before many people even know they are pregnant, and before 85 to 90 percent of abortions occur — and outsources enforcement to anti-abortion extremists using public bounties. There are no exceptions in the bill for rape, incest, or the safety of the parent.

Three of the five ultraconservative justices that signed on to the Court’s decision, as well as two of the Fifth Circuit judges who blocked a district court hearing into the constitutionality of the law, were appointed by President Donald Trump. During his election campaign and presidency, Trump promised that overturning Roe “will happen automatically” because he put “pro-life justices on the court.”

AFJAC vigorously opposed the confirmation of Justices Thomas and Alito and each of Trump’s Supreme Court justices. Each of these jurists was already on-record in favor of overturning Roe. An AFJAC fact sheet including each of the Trump-appointed Supreme Court Justices’ pre-confirmation records on Roe can be found here.

AFJAC also opposed the Trump-appointed Fifth Circuit judges Duncan and Engelhardt and Reagan appointee Edith Jones, who first overruled the stay on the Texas abortion ban made their decision possible.

Dissenting from yesterday’s decision, Justice Sonya Sotomayor called the Court’s actions “stunning.” She noted that, despite being presented with an “application to enjoin a flagrantly unconstitutional law,” the Court’s ultraconservative bloc “opted to bury their heads in the sand.” Justice Elena Kagan also harshly criticized the Court’s ultraconservatives for issuing the decision under cover of darkness using the Court’s “shadow-docket” to overturn nearly 50 years of Supreme Court precedent. Kagan underscored that the decision is “emblematic” of the Court’s recent unprincipled and lawless shadow-docket decisions, which “every day [become] more un-reasoned, inconsistent, and impossible to defend.”

Alliance for Justice Action Campaign President Nan Aron issued the following statement:

“By overturning Roe, the Court has ensured that innocent people will die in their pursuit of critically important and constitutionally protected reproductive healthcare. This is a lawless decision from an out-of-control Court, and we are preparing to go to war to protect our constitutional rights and freedoms. Republicans must be held accountable for confirming the three illegitimate Trump justices that made this decision possible, and they are responsible for this horrendous moment in our nation’s history. AFJAC will ensure that these Republican senators remember whose side they were on come election day in November 2022.

“Rising to this moment demands rapid action. We must protect our Court and Constitution by adding justices to the Supreme Court that will faithfully observe the Constitution and protect the rule of law. Congress must also expeditiously pass the Women’s Health Protection Act to invalidate SB8, and protect against future abortion bans in other states. Finally, the Biden administration and Senate Democrats must continue to prioritize filling every vacancy on the federal bench by 2022. As with President Biden’s nominees thus far, those judges should have a demonstrated commitment to equal justice, including equality for women and other vulnerable populations.”