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Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
Election Day 2010 brought a new
round of special interest money, nasty ads and wedge issue politics into
America's courtrooms, breaking several spending records and spreading
costly, ideological hardball campaigns into new states.The roar of this
year's national politics-which favored populists and partisans, and
tilted against incumbents and the establishment-played out in judicial
elections and referenda in a number of states.
In Michigan, Supreme Court
candidates were vastly outspent by political parties and an out-of-state
group in a TV ad war whose cost was estimated at $5 million to $8
million. In Alabama, combined spending exceeded $3.2 million. Election
costs remained modest in North Carolina, which offers public financing
to qualifying appellate court candidates.
In Iowa, three Supreme Court justices were ousted after out-of-state
interest groups spent nearly $700,000 to unseat them over their votes in
a 2009 gay marriage case. But organized efforts to unseat high court
justices failed in Illinois, Colorado, Alaska, Kansas and Florida.
Non-candidate groups spent heavily on TV ads in Michigan and Ohio, while
Iowa and Illinois set records for the most expensive retention
elections ever in their states.
As they have done several times over the last decade, voters rejected
efforts to change judicial selection systems.In Nevada, Question 1,
which would have replaced competitive elections with judicial
appointments and retention contests, was defeated.But in Kansas, voters
in District 1 also defeated efforts to scrap a merit selection system
and switch to competitive contests.
"Pressure on impartial justice is growing," said Bert Brandenburg,
executive director of the Justice at Stake Campaign."Judges are facing
more demands to be accountable to interest groups and political
campaigns instead of the law and the constitution."
Through Monday, Nov. 1, 2010, slightly more than $12 million was spent
nationally on TV air time this year in state supreme court elections.Of
that, nearly $5.1 million - 42% of total spending for the year - was
spent in the week leading up to the election, between Oct. 26 and Nov.
1.
Including $4.6 million spent on TV ads in 2009, the current total for
the 2009-2010 election cycle is approximately $16.6 million, about the
same amount spent on judicial television advertising in the last
non-presidential election cycle, 2005-2006.
"As in past years, judicial election campaigns featured substantial
numbers of hard-hitting, mud-slinging attack ads - many of which were as
nasty as those seen in any political campaigns," said Adam Skaggs,
Counsel at the Brennan Center for Justice at NYU School of Law.
Final estimates ofTV ad spending, as recorded by TNS Media
Intelligence/CMAG, are expected within a few days. Complete candidate
fundraising data often are not fully available until weeks, and in some
cases months, after the elections, meaning that total campaign cost
totals tend to rise with time.
Three in four Americans believe that the special-interest money needed
to finance such elections influences court decisions. From 2000 through
2009, fundraising by high-court candidates surged to $206.9 million,
more than double the $83.3 million raised in the 1990s.
This year, heavy spending and angry TV ads spread to several states
holding retention elections, which in 2000-2009 had accounted for barely
1 percent of spending in high court races. This year, high-court
retention elections in Illinois, Iowa, Colorado and Alaska resulted in
about $4.6 million in total costs-more than twice the $2.2 million
raised for all retention elections nationally in 2000-2009.
In most of the 15 states where 37 justices stood in retention elections,
however, campaign expenditures were far lower than in competitive
election states.
Overall, 33 states held some type of election. In addition to the 15
states holding one-candidate retention elections, in which incumbents
needed a "yes" vote to stay on the bench, 11 states held competitive
elections for 18 seats. In seven other states, there were no challengers
in elections that technically were competitive, granting automatic
victory to the candidate on the ballot.
The following is a round-up of major trends in the 2009-10 judicial
election campaign season, as identified by the Justice at Stake Campaign
and the Brennan Center for Justice. Further information is available at
the Judicial Elections 2010 web site.
TV Ad Data
Television ads ran this year in fourteen states with elections for the
state supreme court:Alabama, Alaska, Arkansas, Colorado, Idaho,
Illinois, Iowa, Michigan, Montana, North Carolina, Ohio, Texas,
Washington and West Virginia.
Michigan saw the highest overall spending on supreme court TV ads, with
about $5.1 million spent on airtime, according to TNS Media
Intelligence/CMAG; Ohio is second with more than $1.9 million in airtime
spending.In both of these states, four candidates competed for two
Supreme Court seats.(An additional Ohio Justice, Paul Pfeifer, ran
unopposed in a vote in which no TV advertising has aired.)
The highest level of spending in a single-candidate retention race was
in Illinois, where incumbent Justice Thomas Kilbride spent more than
$1.6 millon on TV airtime through Nov. 1.
For the year, spending on television advertising in supreme court races
was evenly split between judicial candidates and non-candidate
groups.Through Nov. 1, candidates spent more than $6.1 million on
television advertising, while non-candidate groups - including political
parties and special interests - accounted for 49% of all television
airtime, spending more than $5.9 million.
Four of the top five spenders on TV airtime in supreme court elections
are non-candidate groups.The Michigan Republican Party ranked first
overall in TV spending (just over $2 million).Kilbride ranked second
($1.6 million); the Michigan State Democratic Party ranked third ($1.4
million); the Partnership for Ohio's Future ranked fourth (about
$846,000); and the Law Enforcement Alliance of America, which spent more
than $780,000 in support of two Republican candidates for the Michigan
Supreme Court, ranked fifth.
"Many of the harshest ads were aired by political parties and special
interest groups, which accounted for about 49% of all spending on
television ads in state supreme court elections," Skaggs said.
Through Nov. 1, spending on TV airtime in states holding
single-candidate retention elections has totaled approximately $2.1
million - approximately 17.5% of all TV spending during that time.This
level of spending in retention contests is the greatest since the
Brennan Center for Justice began compiling judicial TV ad data in 2000.
Major states
Iowa
All three state Supreme Court justices appearing on a retention ballot
were voted out, following a withering attack on a unanimous 2009 ruling
that overturned a state law banning gay marriage. The margin of defeat
was similar in each case, with about 55 percent voting "no" on another
term. Robert Hanson, the Polk County trial judge who initially ruled in
favor of gay marriage, won his retention vote.
Out-of-state groups attacking the
high-court justices included the National Organization for Marriage, the
American Families Association, the Family Research Council, the
Campaign for Working Families and Citizens United. Along with in-state
groups, reported spending to oust the three justices was about $800,000.
Fair Courts for US, a group headed by former governor Robert Ray,
reported spending nearly $400,000 in support of retaining the justices,
raising total Iowa election costs to $1.2 million. More than half, about
$700,000, came from out of state.
Iowa's supreme court had not seen a contentious retention election
before this year. The election raised concerns that wedge issues could
make it more difficult for courts, in Iowa and elsewhere, to rule in
hot-button legal disputes.
"Under our constitutional system, courts are designed to be different
from the other branches of government," Brandenburg said. "If judges in
any state begin basing their decisions on political pressure and
campaign spending, instead of the facts and the law, everyone loses."
Nevada
Question 1 was put on the ballot after spending on Nevada high court
elections rose, and after a 2006 Los Angeles Times report unearthed
questionable fundraising practices by Las Vegas trial judges. But
voters, by a margin of about 58 to 42 percent, chose to keep their
current system of nonpartisan competitive elections.
The election continued a trend of states preserving their existing judicial selection system, whether elective or appointive.
"The politics of 2010 made it a difficult climate to ask voters to
change how they picked judges," said Bert Brandenburg, executive
director of the Justice at Stake Campaign. "And yet many voters remain
concerned about campaign cash in the courthouse."
Candidates for Nevada high court raised $9.8 million in 2000-2009, ranking the state eighth nationally.
Illinois
In one of the year's most extraordinary races, Justice Thomas L.
Kilbride reported raising more than $2.5 million, while the Illinois
Civil Justice League reported raising $648,000 to defeat him. Kilbride
retained his seat with 68 percent of voters favoring another term.
Although the campaign was prompted by a business ruling, in which the
Illinois court overturned legislative limits on medical malpractice
awards, the league focused on Kilbride's record in crime cases,
memorably running an ad in which actors playing felons savor their
violent crimes and say Kilbride took their side in court.
"In Illinois, special-interest money bought one of the most tasteless TV
ads ever appearedin a court election, while a sitting justice raised
millions of dollars from plaintiffs' lawyers and other parties who will
appear in court," Brandenburg said. "In 2004, Justice Lloyd Karmeier
called Illinois election spending 'obscene,' and it's hard to see how
this year did anything to restore public trust in that state's courts."
As in 2004, unions and plaintiffs' firms backed the Democrat. National
business groups, including the U.S. Chamber of Commerce, American
Justice Partnership, and the American Tort Reform Association, backed
the opposition campaign.
Michigan
Including TV, Michigan was the nation's most expensive judicial election state in 2010.
Non-candidate groups, led by the state Republican and Democratic parties
and the Virginia-based Law Enforcement Alliance of America, accounted
for more than 80 percent of all TV spending.
The Brennan Center for Justice, which tracks satellite captures of major
TV markets, has recorded $5.1 million in TV ads, as of Nov. 1. The
Michigan Campaign Finance Network, which checks TV station ad records,
placed the total at more than $8 million.
"Political parties and independent groups hijacked this election,
heavily outspending the candidates, and ads on both sides were riddled
with questionable claims," Brandenburg said. "Michigan remains a ground
zero for negative, costly court elections."
The two incumbents reported the highest campaign fundraising. About two
weeks before the election, Republican Robert Young, who won in a
landslide, reported raising $776,000, while Democrat Alton Davis, who
lost, raised $691,000. According to the most recent fundraising reports,
total fundraising among four candidates was just over $1.8 million.
Ohio, Alabama
Ohio and Alabama, the two most expensive states for the 2000-2009
decade, showed that high court campaigns can generate big numbers in
even relatively quiet years.
Of the $3.2 million reportedly raised by Alabama candidates through Oct. 19, Republicans outraised Democrats four to one.
In Ohio, the most recent reports showed that candidates had raised $2.7
million, with the Republicans outraising the Democrats. In addition, the
Chamber-related Partnership for Ohio's Future spent more than $840,000,
according to Brennan Center data.
Colorado, Alaska, Kansas, Florida
In Colorado and Alaska, campaigns opposing the retention of sitting
justices made substantial efforts but were unable to win. Alaska Justice
Dana Fabe got a 53 percent yes vote, despite a campaign by social
conservatives. Three Colorado justices survived a challenge by Clear the
Bench Colorado that focused on tax and spending issues.
"As in Iowa, 'Vote No' campaigns showed that judges in many states must
look with more concern than at the impact of single-interest protest
groups," said Skaggs. "More than ever, a single vote in a single legal
dispute might haunt judges at election time, and that will make it
harder for many to focus on facts and the law, instead of political
agendas."
Attempts by social conservatives in Kansas, and by Tea Party activists
in Florida, failed to gain significant traction on announced efforts to
unseat justices in their states.
We're a nationwide, nonpartisan partnership of more than forty-five judicial, legal and citizen organizations. We've come together because across America, your right to fair and impartial justice is at stake. Judges and citizens are deeply concerned about the growing impact of money and politics on fair and impartial courts. Our mission is to educate the public and work for reforms to keep politics and special interests out of the courtroom--so judges can do their job protecting the Constitution, individual rights and the rule of law.
Jessica Plichta told a reporter that it is "the duty of us the people to stand against the Trump regime" just before she was arrested.
A 22-year-old woman who was detained for several hours by police in Grand Rapids, Michigan on Saturday after speaking out against President Donald Trump's invasion of Venezuela had allegedly "obstructed a roadway" and failed to obey officers—but she described an arrest in which the authorities appeared to be suspicious of her for protesting at all.
Jessica Plichta, a preschool teacher and organizer, told Zeteo on Monday that police officers repeatedly asked her why she was at a protest in Grand Rapids' Rosa Parks Circle, where hundreds of demonstrators spoke out against the US military's abduction of Venezuelan President Nicolás Maduro and his wife, Cilia Flores—a violation of international law that has garnered worldwide condemnation.
Plichta had just finished speaking to a reporter with local ABC News affiliate WZZM about her opposition to the US invasion of Venezuela when two city police officers came up behind her and placed her under arrest.
It is "the duty of us the people to stand against the Trump regime, the Trump administration, that are committing crimes both here in the US and against people in Venezuela," said Plichta just before the officers appeared on camera behind her.
Grand Rapids police arrest an antiwar activist live on air while taking an interview denouncing US military aggression in Venezuela pic.twitter.com/Zm16aFRDxq
— BreakThrough News (@BTnewsroom) January 5, 2026
Plichta told Zeteo, “I don’t think it’s a coincidence that as soon as I finished an interview speaking on Venezuela, I was arrested—the only person arrested out of 200 people."
She told the officers she was "not resisting arrest" as they led her toward a police car. A bystander approached and asked the police what Plichta was being detained for.
The officers replied that she had been "obstructing a roadway" and was accused of "failure to obey a lawful command from a police officer."
BREAKING: IN GRAND RAPIDS MICHIGAN, at approximately 5:30pm today, GRPD arrested local organizer Jessica Plichta on camera during a post-march press interview.
Plichta was sought out and targeted specifically by
GRPD for helping lead a U.S. Out Of Venezuela rally at Rosa Parks… pic.twitter.com/Uj6fLVba80
— Private IcedC81 Politics (@PvtIcedC81Pol) January 3, 2026
Plichta told Zeteo that the police drove her away from WZZM's cameras and then took her out of the car, patted her down, and confiscated her belongings. The officers told her she had been "making a scene" and asked her about her involvement in the protest: whether she was Venezuelan, "what she had to do with Venezuela," and what she was doing at the protest.
She also told Zeteo that the police asked her for the names of other demonstrators.
She was asked again what her connection to Venezuela was after she was taken to Kent County Correctional Facility, where she was held for about three hours and released after outcry from her fellow organizers.
"We are so accustomed to, and used to, repression when we speak out on anti-war topics,” Plichta told the outlet. “When we speak out for Venezuela, when we speak out for Palestine, we expect the police to want to shut that down.”
A spokesperson for the Grand Rapids Police Department told Zeteo that protesters had "refused lawful orders to move this free speech event to the sidewalk and instead began blocking intersections until the march ended," and said Plichta "was positively identified by officers," allowing for her arrest.
Though Plichta remained calm when she was arrested and suggested that she had taken her detention relatively in stride, supporters expressed shock that she had been targeted for speaking out against Trump's attack on Venezuela—which is broadly unpopular across the United States.
"What in the Gestapo is going on in Grand Rapids?" asked Brandon Friedman, a former Obama administration official.
Friedman pointed out that among elected Democrats, there appeared to be little if any outcry over Plichta's arrest for participating in a peaceful protest.
If this happened to a conservative organizer, Republicans would make her a hero, a household name and a congressional candidate.Elected Democrats just pretend it isn't happening.
— Brandon Friedman (@brandonfriedman.bsky.social) January 5, 2026 at 11:29 AM
“Protesting in this country is sacred," Plichta told Zeteo, "and so it is important that our rights are protected and that we are not criminalized for peacefully protesting in a world full of escalating violence."
"They've been pretending that this made-up thing was real for a year. But now that they'd have actually to demonstrate its existence in court, they're going to cram it down the memory hole."
One of the central claims the Trump administration has used to justify the overthrow of Venezuelan President Nicolás Maduro and describe his government as “illegitimate” is the allegation that he is the leader of a multinational narco-terrorist organization known as “Cartel de los Soles.”
But now that the Department of Justice (DOJ) must prove the allegation in court following the US military's kidnapping of Maduro last week, prosecutors are backing off the claim and, in effect, admitting what critics had long protested: that Cartel de los Soles is not, in fact, an organization at all.
In the months leading up to the illegal US invasion that plucked Maduro from power, the Treasury Department and State Department both designated Cartel de los Soles as a foreign terrorist organization.
That allegation originated from a 2020 grand jury indictment of Maduro, drafted by the DOJ during Trump’s first term. The document described the Cartel de los Soles as a “Venezuelan drug-trafficking organization comprised of high-ranking Venezuelan officials.”
As the New York Times explained back in November:
There’s a big catch with the impression created by the Trump administration’s narrative: Cartel de los Soles is not a literal organization, according to a range of specialists in Latin American criminal and narcotics issues, from think-tank analysts to former Drug Enforcement Administration (DEA) officials.
It is instead a figure of speech in Venezuela, dating back to the 1990s, for Venezuelan military officials corrupted by drug money, they say. The term, which means “Cartel of the Suns,” is a mocking invocation of the suns Venezuelan generals wear to denote their rank, like American ones wear stars.
It is for that reason that the DEA's annual National Drug Threat Assessment, which describes major trafficking organizations in detail, has never mentioned Cartel de los Soles. Nor has the annual “World Drug Report” by the United Nations Office on Drugs and Crime.
Nevertheless, the claim that Maduro was at the helm of an international terrorist cartel was a core justification the Trump administration has used over the past year to legitimize pushing him out of power.
"Maduro is NOT the President of Venezuela and his regime is NOT the legitimate government," said Secretary of State Marco Rubio in a post on social media in July. "Maduro is the head of the Cartel de Los Soles, a narco-terror organization that has taken possession of a country. And he is under indictment for pushing drugs into the United States."
Such a portrayal was useful when attempting to drum up support for US aggression against Venezuela. But now, Maduro stands on trial in the Southern District of New York, where a jury will decide his guilt or innocence based on the evidence presented after he pleaded not guilty on Monday.
Elizabeth Dickinson, the deputy director for Latin America at the International Crisis Group, told the New York Times that the designation of Cartel de los Soles as a foreign terror organization was “far from reality,” but that “designations don’t have to be proved in court, and that’s the difference. Clearly, they knew they could not prove it in court.”
Following Maduro's abduction by US forces on Saturday, the DOJ released a new indictment. While it still accused Maduro of participating in a drug trafficking conspiracy, it totally abandoned the claim that any organization called "Cartel de los Soles" actually existed.
To the extent that any such group does exist, the indictment says it's not as a criminal organization, but as "a culture of corruption in which powerful Venezuelan elites enrich themselves through drug trafficking," and a "patronage system run by those at the top."
But even a day after the new indictment fatally undercut his claims, Rubio continued to insist on NBC’s “Meet the Press” that Cartel de los Soles was a “transnational criminal organization” and that “the leader of that cartel,” Maduro, “is now in US custody and facing US justice in the Southern District of New York.”
"They've been pretending that this made-up thing was real for a year. But now that they'd have to actually demonstrate its existence in court, they're going to cram it down the memory hole," marvelled Derek Davison, a Washington-based researcher and writer on international affairs and American politics.
Ben Norton, editor of the Geopolitical Economy Report, wrote on social media that the administration's abrupt abandonment of one of its central justifications for war demonstrates that "the entire US war is based on lies."
While the initial phase of Trump’s ramp-up of military aggression against Venezuela was premised, with scant evidence, on the need to prevent alleged drug boats from reaching the US, President Donald Trump has now said explicitly that the administration’s goal is to take control of Venezuela’s massive oil reserves and hand them to US-based companies.
"It never had anything to do with drugs. Venezuela's role in the global cocaine trade is small and insignificant, and it has absolutely nothing to do with fentanyl (which is actually responsible for many drug-related deaths in the US, unlike cocaine)," Norton said. "The Trump administration's repeated invocation of the fake 'Cartel de los Soles' was its version of the weapons of mass destruction lie used by George W. Bush to try to justify his illegal invasion of Iraq."
A mysterious gambler raked in over $400,000 in profit from a series of bets placed shortly before the Trump administration bombed Venezuela and abducted its president.
A suspiciously timed and lucrative bet on the US abduction of Venezuelan President Nicolás Maduro over the weekend has prompted speculation that the wager was placed with inside knowledge, possibly by someone within the Trump administration or its orbit.
The yet-unknown gambler placed a series of bets totaling nearly $34,000 between late December and January 3—the day of the US assault on Venezuela. All of the bets, placed on the cryptocurrency-based prediction platform Polymarket, were related to the probability of Maduro being removed from power and the US attacking Venezuela before the end of January.
The bettor, who went by username Burdensome-Mix on Polymarket, reportedly netted over $400,000 from the wagers in just 24 hours.
"Seems pretty suspicious!" wrote researcher Tyson Brody. "[US Defense Secretary] Pete Hegseth making some beer money on the side?"
NBC News reported Tuesday that the bettor "has already cashed out their Polymarket winnings in Solana, a type of cryptocurrency, through a major American exchange, with no indication they have tried to hide or launder the funds." The outlet added that "if any regulators or law enforcement went looking for the bettor, they’d likely have little difficulty locating them."
It was public knowledge that US President Donald Trump—who had said Maduro's days as the leader of Venezuela's government were "numbered"—was considering a direct attack on the South American country, and his administration had amassed a large military force in the region in recent months in preparation for such an assault.
But there was no publicly available information on the timing of any possible attack. The New York Times, which reportedly learned of the US assault and abduction operation shortly before it began, later revealed that Trump "had authorized the US military to go ahead as early as December 25, but left the precise timing to Pentagon officials and Special Operations planners to ensure that the attacking force was ready, and that conditions on the ground were optimal."
Trump gave the final go-ahead order late Friday night, according to the Times, and the attack began in the early hours of Saturday morning, Venezuela time.
Analysts have warned that the spread of prediction platforms like Polymarket—where gamblers can bet on a dizzying range of scenarios, including the timing of the second coming of Jesus Christ—could raise the likelihood of insiders trying to profit from confidential information.
It also increases the risk that people in positions of power and influence will try to push policy in a certain direction in order to cash in on their bets, said Demand Progress executive director Sean Vitka.
"And questions related to whether or not, and when, military action might be undertaken are especially vulnerable to such manipulation because the president frequently moves with discretion over the timing and (legally or not) without notice to the public or Congress," Vitka told The American Prospect.