Wednesday, October 16, 2024

2024 State Supreme Court Election Preview

A majority of states have elections for state Supreme Court in November.  Here is a guide to the contested elections.  The elections in Arkansas, Kentucky, Michigan, Mississippi, Montana, North Carolina, Ohio, and Texas seem to be the most competitive.

Ballotpedia:  2024 State Supreme Court Elections

Alabama: 
Chief:  Chief justice Tom Parker is age-limited.  Justice Sarah Stewart (R) faces local judge Greg Griffin (D).
Jay Mitchell, Tommy Bryan, Will Sellers (all R) are unopposed for reelection to the court.  Chris McCool (R), a judge of the Alabama Court of Criminal Appeals is unopposed for promotion to the court.

Arizona:  Justices Clint Bolick and Kathryn Hackett King (both R-appointed) face a retention election.  Leftists are campaigning against them due to a decision on abortion.  There is also a ballot proposition to end retention elections for judges.

Arkansas:  Chief Justice John Dan Kemp is retiring.  Justice Karen Baker (D) and Justice Rhonda Wood (R) advanced to the November runoff.  Governor Sarah Huckabee Sanders (R) will appoint a replacement for whichever justice wins.

Florida:  Justices Renatha Francis and Meredith Sasso face a retention election.  Both are conservatives appointed by Ron DeSantis (R).  Some newspapers are recommended a no vote on them.

Illinois:  
District 1 (Cook County): Justice Joy Cunningham (D) faces a retention election.
District 2 (west, central): Justice Lisa Holder White (R) faces a retention election.

Indiana:  Justices Loretta Rush, Christopher Goff and Derek Molter face a retention election.

Iowa: Justice David May (R-appointed) faces a retention election.  There is some opposition due to a decision on abortion.

Kentucky:  
District 5 (Lexington area): Justice Laurance VanMeter (R) is retiring.  Appeals court judge Pamela Goodwine (D supported) and lawyer Erin Izzo (R supported) are seeking the seat.

Louisiana:  Justice Scott Crichton (R) is age-limited.  District 2 was redrawn to be a black-majority district based in Baton Rouge.  Appeals court judges John Michael Guidry and Marcus Hunter, and lawyer Leslie Chambers are seeking the seat.  The primary election is November 5, and a runoff (if necessary) is December 7.

Maryland:  Justices Matthew Fader, Shirley Watts, and Angela Eaves face a retention election.

Bolden seat:  Former state rep Kyra Bolden (D) was appointed in 2023 to complete the term of Justice Bridget Mary McCormack.  She is running for the partial (4-year) term.  She faces Branch County circuit court judge Patrick William O’Grady (R).
Viviano seat:  Justice David Viviano (R), appointed in 2013, is retiring.  State rep Andrew Fink (R) faces law professor Kimberly Ann Thomas (D).

Minnesota: Three justices face nonpartisan elections.
Chief Justice Natalie Hudson (D-appointed) faces attorney Stephen Emery.
Justice Karl Procaccini (D-appointed) faces attorney Matthew Hanson.
Justice Anne McKeig (D-appointed) is unopposed.

Mississippi:  Four justices face nonpartisan elections.
District 1 (central) Position 3: Incumbent James Kitchens (age 81) faces state senator Jenifer Branning (R) and attorneys Byron Carter, Ceola James, and Abby Robinson.  Branning has raised by far the most money.
District 2 (south) Position 2: Incumbent Dawn Beam faces David Sullivan.
District 3 (north) Position 1: Incumbent Robert Chamberlin is unopposed.
District 3 (north) Position 2: Incumbent Jimmy Maxwell is unopposed.

Missouri:  Justices Kelly Broniec and Ginger Gooch (both R-appointed) face a retention election.

Montana:  Two justices faces nonpartisan elections in a state that has seen major conflict between the courts and the legislature.
Chief:  Chief Justice Mike McGrath is retiring.  Broadwater County attorney Cory Swanson (R) and Jerry Lynch (D supported) finished first and second in the primary.
Sandefur seat:  Justice Dirk Sandefur is retiring.  District Judge Katherine Bidegaray (D supported) and Flathead County District Court Judge Dan Wilson (R supported) finished first and second in the primary.

Nebraska:  Justice Stephanie Stacy faces a retention election.

Nevada:  Justices Elissa Cadish, Lidia Stiglich, and Patricia Lee are unopposed for nonpartisan reelection.

New Mexico:  Briana Zamora faces a retention election.

North Carolina:  One seat is up for partisan election.
Seat 6: Justice Allison Riggs (D) was appointed in 2023.  Court of Appeals judge Jefferson Griffin (R) is seeking the seat.

Ohio:  Three seats are up for election.
Incumbent Michael Donnelly (D) faces local judge Megan Shanahan (R).
Incumbent Melody Stewart (D) faces appointed incumbent Joseph Deters (R).
Appeals judge Lisa Forbes (D) faces local judge Dan Hawkins (R).

Oklahoma:  Liberal justices Noma Gurich (age 72), Yvonne Kauger (age 87), and James Edmondson (age 79) face a retention election. The conservative group People for Opportunity is leading a campaign against retention.

Oregon:  Justices Stephen Bushong, Rebecca Duncan, Meagan Flynn, Aruna Masih, and Bronson James (D-appointed) are unopposed for nonpartisan reelection.

South Dakota:  Justice Scott Myren faces a retention election.

Texas Supreme Court:  There are three R incumbents up for election.  Leftists are campaigning against them due to a decision on abortion.
Place 2: Jimmy Blacklock (R) faces DaSean Jones (D).
Place 4: John Devine (R) faces Christine Weems (D).
Place 6: Jane Bland (R) faces Bonnie Lee Goldstein (D).

Texas Court of Criminal Appeals: In the March 5 primary, R incumbents Sharon Keller, Barbara Hervey, and Michelle Slaughter lost renomination.  The three had ruled that the Texas AG was unable to prosecute voter fraud cases, leading AG Ken Paxton (R) to support challengers to the three.
Chief:  Former appeal court judge David Schenck (R) faces ADA Holly Taylor (D)
Place 7:  Attorney Gina Parker (R) faces Nancy Mulder (D)
Place 8:  Lee Finley (R) faces Chika Anyiam (D)

Utah:  Justice Matthew Durrant faces a retention election.

Washington: Three seats are up for nonpartisan election.
Position 2: Incumbent Susan Owens is age-limited.  Lawyer Sal Mungia (D supported) and judge Dave Larson (R supported) finished first and second in the primary.
Position 8: Incumbent Steven González is unopposed.
Position 9: Incumbent Sheryl Gordon McCloud is unopposed.

Wyoming: Incumbents Kate Fox and John Fenn are unopposed for nonpartisan reelection.

Results:

Alabama:  Sarah Stewart (R) won with 66%.

Arizona:  Justices Clint Bolick and Kathryn Hackett King (both R-appointed) won retention with 60%. The ballot proposition to end retention elections for judges failed 23-77.

Arkansas:  Justice Karen Baker (D) won the chief justice position 52-48 over Justice Rhonda Wood (R).  Governor Sarah Huckabee Sanders (R) will appoint a replacement for Baker.

Florida:  Justices Renatha Francis and Meredith Sasso won retention with 62-63%.

Indiana:  Justices Loretta Rush, Christopher Goff and Derek Molter won retention with 69-71%.

Iowa: Justice David May (R-appointed) won retention with 64%.

District 5 (Lexington area): Appeals court judge Pamela Goodwine (D supported) won with 77%.

Louisiana:  District 2 (Baton Rouge area)  Appeals court judges John Michael Guidry was elected unopposed after his opponents were disqualified due to failure to document their payment of taxes.

Michigan:  
Bolden seat:  Justice Kyra Bolden (D) won with 61%.
Viviano seat:  Law professor Kimberly Ann Thomas (D) won with 61%.

Minnesota: 
Chief Justice Natalie Hudson (D-appointed) won with 64%.
Justice Karl Procaccini (D-appointed) won with 57%.

Mississippi:  
District 1 (central) Position 3: State senator Jenifer Branning (R) won 42% to 36% for incumbent James Kitchens.  They move on to a runoff on November 26.
District 2 (south) Position 2: David Sullivan won 55-45 over incumbent Dawn Beam.

Chief:  Broadwater County attorney Cory Swanson (R) won 54-46 over Jerry Lynch (D supported).
Sandefur seat:  District Judge Katherine Bidegaray (D supported) won 54-46 over Dan Wilson (R supported).

Seat 6: Court of Appeals judge Jefferson Griffin (R) appears to have won 50.1-49.9 over Justice Allison Riggs (D).  There may be a recount.

Ohio:  R nominees won all three seats 55-45.
Local judge Megan Shanahan (R) beat incumbent Michael Donnelly (D).
Appointed incumbent Joseph Deters (R) beat incumbent Melody Stewart (D).
Local judge Dan Hawkins (R) beat appeals judge Lisa Forbes (D).

Oklahoma:  Voters ousted liberal justice Yvonne Kauger (age 87), with 50.2% voting against her.  Two other liberal justices, Noma Gurich (50.3%) and James Edmondson (51%) narrowly survived.  Governor Kevin Still (R) will appoint a replacement for Kauger, which should change the balance on the court which currently has 5 liberals and 4 conservatives.

Texas Supreme Court: Three R incumbents, Jimmy Blacklock, John Devine, and Jane Bland, won with 56-58%.

Texas Court of Criminal Appeals: Three R nominees, David Schenck, Gina Parker, and Lee Finley, won with 58%.

It is also notable that R nominees won 25 of 26 seats on Texas appeals courts, reversing D gains in recent years.

Position 2: Lawyer Sal Mungia (D supported) and judge Dave Larson (R supported) were close as votes continue to be counted.
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Wednesday, October 02, 2024

October 2024 Judiciary News

Nominations, Hearings, Confirmations:

Biden nominees:  Democrats are hoping that the Biden administration will surpass the 234 judges appointed by President Trump.  Biden could reach 241 judges if all his nominees are confirmed.  However, some nominees like Adeel Mangi and Sarah Netburn may not have the votes to be confirmed.  Also, Biden will not reach the 54 appeals court judges appointed by Trump.

Harris:  Carrie Severino reviews Senator Kamala Harris' absurd attacks on Trump's judicial nominees, including attacking Catholics' memberships in the Knights of Columbus.

4th Circuit: Carrie Severino lays out the extreme record of NC solicitor general Ryan Park.  His nomination is stalled, as senators Tillis and Budd are not only opposing the nomination, but say that "the White House has already been informed they do not have the votes for confirmation".

Nominations:
TBA

The Federal Judiciary:

Judgeships:  The Senate unanimously passed a bill to create 66 more federal judgeships.  The House has yet to take up the bill.  A breakdown of where and when the judgeships would be created is in this table.

Retirement:  This NBC News article frets that more federal judges aren't retiring.

Reform:  Justice Kagan has endorsed President Biden's "ethics reform" plan for the Supreme Court.  The term limits proposal would effectively remove justices Thomas, Roberts, and Alito from the court, while the ethics code would subject the justices to endless complaints by activists.

Threats:  Carrie Severino notes the threats from the left against conservative justices.  The mainstream media gives little attention to these threats.

5th Circuit:  Carrie Severino disputes leftist claims that the conservative 5th Circuit has an unusually high reversal rate compared to other circuit courts.

Federal Circuit:  The Federal Circuit has extended the suspension of Judge Pauline Newman for another year due to alleged disability.  Critics claim she is unable to fulfill her duties, but supporters say she is being mistreated due to her frequent dissents.

D-AK:  The US Judicial Conference has recommended impeaching former judge Joshua Kindred despite the fact that he has already resigned due to a sex scandal.  It is disputed whether officials can be impeached if they have already left office, but impeachment could be used to bar Kindred from holding future office.  This seems largely symbolic, as a US Senate that voted to bar him from office would be unlikely to confirm him to office.

WD-TX:  Josh Blackman details questionable behavior by Judge David Ezra regarding a case on securing Texas' border.  Ezra was appointed to D-HI in 1988, but since taking senior status in 2012 has been assigned to WD-TX.

Vacancy Declarations:  There are now 66 current and future judicial vacancies.  New vacancies over the past two months are listed below.
D-KS: Daniel Crabtree (Obama) 8/11/25 (senior)
ED-LA: Lance Africk (W) 10/1/2024 (senior)
SD-TX: Lee Rosenthal (HW) 12/1/2024 (senior)

State Supreme Courts:

Alaska:  Chief Justice Peter Maassen will be age-limited on January 14, 2025.  He was appointed to the court in 2012, and became chief in 2023.  Seven candidates have applied for the position, all female.

Arizona:  Justice Robert Brutinel will retire on October 31.  He is 66 and was appointed by Jan Brewer (R) in 2010.  Gov. Katie Hobbs (D) will appoint his replacement.

Connecticut:  Governor Ned Lamont (D) has nominated Justice Raheem Mullins to replace Chief Justice Richard Robinson, who retired on September 6.  Mullins was nominated by Dannel Malloy (D) in 2017.  No nominee has been announced to replace Mullins.

Michigan:  Nominees for Michigan Supreme Court were decided at state conventions on August 24.
Bolden seat:  Former state rep Kyra Bolden (D) was appointed in 2023 to complete the term of Justice Bridget Mary McCormack.  She is running for the partial (4-year) term.  Branch County circuit court judge Patrick William O’Grady won the R nomination.
Viviano seat:  Justice David Viviano (R), appointed in 2013, is retiring.  State rep Andrew Fink won the R nomination.  Law professor Kimberly Ann Thomas is the D nominee.

Montana:  The Montana Supreme Court is attempting to punish AG Austin Knudsen for representing the legislature in its investigation into misconduct in the judiciary.

Nebraska:  Chief Justice Michael Heavican will retire on October 31.  He was appointed by Dave Heineman (R) in 2006.  Governor Jim Pillen (R) will get his first appointment to the court.

New Hampshire:  Justice Hantz Marconi was placed on administrative leave in late July.  Her husband Geno Marconi has been on leave from the New Hampshire Port Authority since April.  No explanation has been given for the leave.

Numbers and Trivia:

5th Circuit:  As of October 4, the new chief judge of the 5th Circuit will be Jennifer Elrod, who was appointed by W in 2007.  She replaces Priscilla Richman, who was appointed by W in 2005.  The Presidents who appointed chief judges of the 13 appeals courts are W (2, 3, 5, 6, 7, 8, 10, 11, Fed), and Obama (1, 4, 9, DC).

History:

On Ed Whelan's Substack, "Confirmation Tales", recent posts deal with George W. Bush's nominations of lower court judges.

Resources:
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