These three state supreme court races will have the last word on 'divisive social issues': report
03 September 2023
Ahead of the 2024 presidential election, Tampa Free Press reports Pennsylvania, Ohio and Michigan — all swing states — "will hold elections for several seats on their supreme courts, which have the final word on matters of state law regarding abortion and gerrymandering," and other critical voter issues.
Per the report, "In Ohio, three seats on the state supreme court — which has a 4-3 Republican majority — will be subject to elections in 2024, including that of Republican Justice Joe Deters. Should Democrats flip Deters' seat, it would result in a Democratic majority, which experts believe will affect litigation on ballot initiatives in the state."
Similarly, according to the news outlet, "in Michigan, the terms of two justices — Republican David Viviano and Democrat Kyra Harris Bolden — are expiring in 2024. Michigan's supreme court currently has a 4-3 Democratic majority as of 2021, which has since ruled in favor of left-wing interests, such as approving an abortion rights ballot initiative in 2022 even as the Michigan Board of Canvassers was deadlocked on the question."
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Republican campaign strategist and contributing Newsweek author Peter Roff said, "Democrats don't like to lose—and if they have to turn the Michigan State Supreme Court into [a] miniature partisan legislative body making law from the bench, they'll do so."
Lastly, "In Pennsylvania, which will hold the earliest of such elections in November 2023, Democratic Superior Court Judge Dan McAffrey is running against Republican county judge Carolyn Carluccio for a vacant seat on the court, which is currently split 4-2 in favor of Democrats."
George Mason University’s Antonin Scalia Law School professor of law Dr. Robert Leider said, "After [ex] President [Donald] Trump's nominations, the U.S. Supreme Court has a firm conservative majority. Future [progressive] policy victories in federal court are likely to cease, and some may even be rolled back. This is going to shift litigation over divisive social issues to the states."
He emphasized, "[s]tate supreme courts are going to deliver important rulings on abortion, guns, and redistricting."
Tampa Free Press' full report is available at this link.