The Far-Right Battle to Control State Supreme Courts

As we brace for the next four years of judicial battles, much of the focus will be on the federal courts, where challenges to Trump-era policies and judicial nominees will dominate the landscape. However, state Supreme Courts will also face significant pressure, as many state-level policies that protect citizens in areas where the federal government fails or falters will come under fire.

Susan Crawford’s victory in the recent Wisconsin Supreme Court race was a clear rejection of interreference in state judicial elections by Trump and his billionaire cronies. Brad Schimel, a Trump-backed judge Musk supported with a $25 million investment, was humiliated in a 10-point loss to Crawford, preserving a 4-3 liberal majority on the Wisconsin Supreme Court. This loss highlights the increasing importance of state-level judicial races, especially as they deal with critical issues like abortion access, voting rights, and social safety nets.

In Pennsylvania, the stakes are even higher as the state’s Democratic-controlled Supreme Court faces a challenge in November’s election. Three justices — Christine Donohue, Kevin Dougherty, and David Wecht — are running to retain their seats, putting the Democrats' 5-2 majority in jeopardy. The Pennsylvania justices will be hearing cases challenging laws that restrict Medicaid funding for abortions and threats to disqualify certain mail-in ballots.

Spending in Pennsylvania’s 2023 judicial race topped $22 million, much of it coming from Jeff Yazz who is the richest person in Pennsylvania and ranks 25th in the world. Musk and Yazz have committed to funding efforts to block the retention of these justices. Their spending is expected to well surpass 2023’s totals, marking another round in the ongoing battle to reshape state courts in alignment with conservative priorities.

 As these battles unfold, it’s clear that the judicial landscape at both the state and federal levels will play a pivotal role in shaping our future.

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