WASHINGTON, D.C., March 31, 2023 – Today the Alliance for Justice Action Campaign issued its inaugural 2023 State of the State Supreme Courts report, an in-depth look at the current developments in state supreme courts across all 50 states. 

State courts hear the majority of court cases in the United States, with 95% of all lawsuits being filed in state courts. With the U.S. Supreme Court refusing to uphold important protections for abortion, voting rights, and other core democratic freedoms, state supreme courts are becoming an even more important buttress for justice. 

AFJ Action’s new report reviews all of 2022’s 30 state supreme court elections and the impact they had on the landscape of these courts. It also previews the important races happening this year in Wisconsin (next week) and Pennsylvania (in November) and in another 32 states in 2024. At least 76 seats across the country will hang in the balance as voters go to the polls, and it is essential that they are just as informed about these state courts races as they are about the presidential and congressional ones. 

To drive home the impact of state courts, the report also highlights recent notable state supreme court cases, some of which have been essential to protecting people’s freedoms and some of which have restricted those rights. 

The report builds on the State Courts Justice Project, launched by Alliance for Justice last year as a hub of information about the highest courts in all 50 states. 

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

“It is more crucial than ever that people across the country understand how their state courts work and how their judges and justices are selected. Unlike the U.S. Supreme Court, many states elect their jurists, handing voters direct control over the rule of law in their state. Dobbs was a wake-up call that we cannot take our rights and freedoms for granted. We all have a role to play in ensuring that our courts are committed to equal rights and justice for all. This report provides a first-of-its-kind look at the landscape of our state courts, and we hope it will be a useful tool in helping voters appreciate the importance of these courts and the role they play in them.” 

Click here to read the full 2023 State of the State Supreme Courts report. 

Read the full report.

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.