Judicial races are the Right’s backdoor to power, their way of stress-testing democracy and rewriting the rules.
When we don’t invest in courts, we lose everything built on them.
What’s at Stake in Courtrooms Across America
Judicial decisions don’t make headlines but they shape the rules we all live by. These are just a few of the issue areas where partisan court takeovers could shift outcomes for a generation.
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Courts play a pivotal role in determining who can vote and how. Decisions on voter ID laws, redistricting, and ballot access can either protect or suppress the fundamental right to vote. For instance, the Supreme Court’s decision in Shelby County v. Holder weakened the Voting Rights Act, leading to a surge in state-level restrictions that disproportionately affect minority voters .
State courts often serve as the first line of defense against such measures, adjudicating challenges to laws that may disenfranchise voters. Their rulings can uphold the integrity of elections or, conversely, enable practices that undermine democratic participation.
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Judicial rulings have a profound impact on reproductive healthcare access. The overturning of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization shifted the authority to regulate abortion to individual states, resulting in a patchwork of laws nationwide .
State courts now frequently address challenges to restrictive laws, determining the extent of reproductive freedoms within their jurisdictions. Their interpretations of state constitutions and statutes can either safeguard or erode access to essential healthcare services.
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Courts are instrumental in holding corporations accountable for misconduct. Through litigation, they assess cases involving environmental violations, consumer protection breaches, and labor disputes. Judicial decisions can enforce regulations that protect public interests or, alternatively, limit corporate liability.
Recent rulings have influenced the scope of corporate responsibility, affecting how businesses operate and their obligations to stakeholders. The judiciary’s stance on these matters shapes the balance between economic growth and ethical conduct.
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Judicial interpretations of laws related to policing, sentencing, and criminal justice reform directly affect community safety. Courts determine the legality of law enforcement practices, the fairness of trial procedures, and the appropriateness of sentencing guidelines.
Their decisions can promote justice and equity or perpetuate systemic issues within the criminal justice system. By scrutinizing policies and actions, courts have the power to uphold civil liberties while ensuring public order.
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The judiciary has been central to advancing civil rights, addressing issues of discrimination, equal protection, and individual liberties. Landmark decisions have dismantled segregation, protected free speech, and affirmed rights regardless of race, gender, or sexual orientation.
However, courts also have the capacity to restrict these rights through narrow interpretations of laws and precedents. Ongoing legal battles continue to define the extent of civil liberties, with courts serving as arbiters of justice and equality.
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Courts play a pivotal role in shaping environmental policy, especially as federal regulatory authority faces increasing challenges. Recent Supreme Court decisions have curtailed the power of federal agencies like the Environmental Protection Agency (EPA) to enforce environmental protections, shifting significant responsibility to state courts. For instance, the Montana Supreme Court upheld a landmark ruling affirming the state’s constitutional right to a clean and healthful environment, mandating that regulators consider greenhouse gas emissions when approving fossil fuel projects .
State courts are now at the forefront of environmental litigation, determining the extent to which communities can hold corporations accountable for pollution and climate change impacts. The Colorado Supreme Court recently allowed Boulder to proceed with a lawsuit against Exxon Mobil and Suncor Energy for their alleged role in climate change, marking a significant development in state-level environmental accountability . These judicial decisions underscore the courts’ critical function in safeguarding environmental standards and public health.
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The judiciary significantly influences how society addresses homelessness, particularly concerning laws that penalize individuals for lacking shelter. In the 2024 case of City of Grants Pass v. Johnson, the U.S. Supreme Court ruled that cities could enforce ordinances prohibiting sleeping in public spaces, even when no alternative shelter is available . This decision has empowered municipalities to implement punitive measures against unhoused individuals, raising concerns about human rights and the effectiveness of such policies.
However, state courts have the authority to interpret their constitutions to offer greater protections. For example, the Washington Supreme Court is considering whether local anti-camping laws violate the state’s constitutional ban on cruel punishment, highlighting the potential for state judiciaries to counteract federal rulings . These cases illustrate the courts’ vital role in determining whether homelessness is addressed through criminalization or compassionate, policy-driven solutions.