Importance of State Supreme Courts
The state Supreme Courts play a crucial role in deciding matters of state law, including access to health care rights, LGBTQ rights, voting rights, redistricting lines, and public school funding. With the U.S. Supreme Court’s decision to overturn Roe v. Wade, the significance of state Supreme Court races has intensified, especially regarding abortion policy, which has now shifted to the states. The 2024 candidates in pivotal races, such as those in Ohio and Montana, are expected to focus heavily on these potential rulings regarding abortion.
The organization of the state court system is dictated by each state’s constitution and legislative body, resulting in varied state Supreme Court structures and selection methods across the country. Thirty-eight states hold elections to select state Supreme Court justices through partisan elections, nonpartisan elections, or retention elections.
In a partisan election, candidates may be nominated by political parties or declare their party affiliations when filing to run. Primaries are often conducted to narrow down candidates to one per party before the general election. Some states have open primaries where candidates of all parties compete against each other, and the top vote-getters proceed regardless of party.
In 2024, there are 18 partisan state Supreme Court elections, including:
- 14 Republican-controlled seats
- 4 Democrat-controlled seats, as indicated in a Democratic candidate table.
Conversely, in nonpartisan elections, some states permit candidates to declare their party affiliations while others do not. Primaries in these cases typically narrow candidates to two for each seat, irrespective of party affiliation, with Michigan being a notable exception. Nonpartisan races frequently involve re-electing Justices appointed by Democratic or Republican governors, making them partisan representatives in effect, even if not in name.
For 2024, there are 34 nonpartisan state Supreme Court elections.
In retention elections, an incumbent judge runs unopposed, and voters determine whether each judge should be retained for another term with a simple 'yes' or 'no' on the ballot. Judges require a majority of 'yes' votes to continue serving. With abortion rights being a pressing issue before many courts this year, voters may be more informed in their choices. In 2024, there are 30 state Supreme Court retention elections.
The efforts of organizations such as Nurses for America may also influence the outcomes of these critical elections. See the chart for a state-by-state description.
