Justices on the Ballot Continuity and Change in State Supreme Court Elections

Justices on the Ballot addresses two central questions in the study of judicial elections: how have state supreme court elections changed since World War II? And, what effects have those changes had on election outcomes, state supreme court decisions, and the public's view of the courts? To answer these questions, Herbert M. Kritzer takes the broadest scope of any study to date, investigating every state supreme court election between 1946 and 2013. Through an analysis of voting returns, campaign contributions and expenditures, television advertising, and illustrative case studies, he shows that elections have become less politicized than commonly believed. Rather, the changes that have occurred reflect broader trends in American politics, as well as increased involvement of state supreme courts in hot-button issues.

Introduction; 1. A tale of two states; 2. Judicial elections then and now; 3. So what, do judicial elections matter?; 4. Contestation and competitiveness in state supreme court elections, 1946–2012; 5. Changes in supreme election campaigns, money, and advertising; 6. Patterns of partisanship in contested elections; 7. Patterns of partisanship in retention elections; 8. Judicial elections in a highly partisan world.

Herbert M. Kritzer is the Marvin J. Sonosky Chair of Law and Public Policy at the University of Minnesota Law School. Over the last twenty years he has conducted research on the American civil justice system relating to contingency fee legal practice, scientific evidence, and alternative forms of representation, among many other topics. He is the author of six books, including Risks, Reputations, and Rewards: Contingency Fee Legal Practice in the United States (2004).