Description
How do states choose—and keep—the judges who sit on their highest courts? Selecting and Retaining State Supreme Court Justices offers the most comprehensive analysis to date of the political processes shaping judicial selection and retention across all fifty states. From partisan and nonpartisan elections to legislative votes and gubernatorial appointments, this book explores the full spectrum of methods used to fill state supreme court seats—and the political forces behind them. It examines how these processes have evolved over the fifty years, from 1976 to 2025, against a backdrop of growing polarization and landmark U.S. Supreme Court decisions on issues such as gerrymandering and abortion. Two closely related questions drive the study: How have the politics of judicial selection and retention changed over the fifty-year period covered by the book? And have recent U.S. Supreme Court rulings, which removed federal courts from most issues related to gerrymandering and abortion, produced some of those changes in the short time since those decisions? Drawing on extensive data and original research, the author reveals that the answers are complex—and deeply intertwined with broader political trends. Unlike any other study, this book delves into less common practices, including selection by appointment, legislative elections, and retention methods beyond popular vote. Whether you are a scholar, student, or policymaker, this volume is an essential resource for understanding the dynamic interplay between law and politics in America's state courts.
Table of Contents
1. State Supreme Courts in a Time of Political Polarization2. What We Know About Selecting State Supreme Court Justices and What Characteristics Do Americans Want3. Patterns of Change in State Supreme Court Election Campaigns4. Changing Selection and Retention of State Supreme Court Justices, 1955 to 20255. Initial Selection of State Supreme Court Justices in Election States6. Gubernatorial Appointments7. Retention8. Roll-Off in State Supreme Court Elections9. Partisanship in State Supreme Court Elections10. Litigating State Supreme Court Selection11. Conclusion: Where To Go From HereAppendix: Characteristics of Each State's System for Selecting and Retaining Supreme Court Justices
