

SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
To donate by check, phone, or other method, see our More Ways to Give page.


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.
If funding is not restored to the Low Income Home Energy Assistance Program, said one expert, "pipes will freeze, people will die."
As more than 40 million households that rely on federal food aid are forced to stretch their budgets even further than usual due to the Trump administration only partially funding the Supplemental Nutrition Assistance Program under a court order, many of those families are facing another crisis brought on by the government shutdown: a loss of heating support that serves nearly 6 million people.
President Donald Trump has sought to eliminate the $4 billion Low Income Home Energy Assistance Program (LIHEAP), proposing zero funding for it in his budget earlier this year and firing the team that administers the aid.
Though Congress was expected to fund the program in the spending bill that was supposed to pass by October 1, Democrats refused to join the Republican Party in approving government funding that would have allowed healthcare subsidies to expire and raised premiums for millions of families, and Trump and congressional Republicans have refused to negotiate to ensure Americans can afford healthcare.
The government shutdown is now the longest in US history due to the standoff, and energy assistance officials have joined Democratic lawmakers in warning that the freezing of LIHEAP funds could have dire consequences for households across the country as temperatures drop.
Mark Wolfe, executive director of the National Energy Assistance Directors Association (NEADA), told the Washington Post on Wednesday that even if the shutdown ended this week, funding would not reach states until early December—and more families will fall behind on their utility bills if lawmakers don't negotiate a plan to open the government soon.
“You can imagine in a state like Minnesota, it can get awfully cold in December. We’re all just kind of waiting, holding our breath.”
"People will fall through the cracks,” Wolfe told the Post. “Pipes will freeze, people will die.”
With heating costs rising faster than inflation, 1 in 6 households are behind on their energy bills, and 5.9 million rely on assistance through LIHEAP.
The Department of Health and Human Services generally released LIHEAP funds to states in the beginning of November, but energy assistance offices in states where the weather has already gotten colder have had to tell worried residents that there are no heating funds.
Officials in states including Vermont and Maine have said they can cover heating needs for families who rely on LIHEAP for a short period of time, and some nonprofit groups, like Aroostook County Action Program in northern Maine, have raised money to distribute to households.
But states and charities can't fill the need that LIHEAP has in past years. Minnesota's Energy Assistance Program received $125 million from the federal government last year that allowed 120,000 families to heat their homes.
Aroostook County Action Program has provided help to about 200 households in past years, while LIHEAP serves about 7,500 Maine families.
The state has already received 50,000 applications for heating aid and would be preparing to send $30 million in assistance in a normal year.
“You can imagine in a state like Minnesota, it can get awfully cold in December,” Michael Schmitz, director of the program, told the Post. “We’re all just kind of waiting, holding our breath.”
NEADA told state energy assistance officials late last month to plan on suspending service disconnections until federal LIHEAP funds are released, and US Rep. Don Beyer (D-Va.) led more than four dozen lawmakers in urging utilities to suspend late penalties and shutoffs for federal workers who have been furloughed due to the shutdown.
States reported that they'd begun receiving calls from people who rely on LIHEAP as Americans across the country went to the polls on Tuesday and delivered Democratic victories in numerous state and local races.
The president himself said the shutdown played a "big role" in voters' clear dissatisfaction with the current state of the country.
"YouTube is being complicit in silencing the voices of Palestinian victims,” said a spokesperson for the Palestinian Center for Human Rights, whose channel was deleted.
In compliance with a Trump administration effort to punish critics of Israel's genocide in Gaza, YouTube has deleted the accounts of three prominent Palestinian rights groups, wiping several hundred videos documenting Israeli human rights violations in the process.
According to The Intercept, the video hosting website, owned by Google, quietly removed the accounts of three groups, Al-Haq, the Al Mezan Center for Human Rights, and the Palestinian Center for Human Rights, in October.
These are the same three groups that the State Department hit with sanctions in September because they helped to bring evidence before the International Criminal Court (ICC) against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for war crimes, crimes against humanity, and genocide. The court would issue arrest warrants for the pair in 2024.
Secretary of State Marco Rubio said explicitly that the groups were sanctioned because they "directly engaged in efforts by the International Criminal Court to investigate, arrest, detain, or prosecute Israeli nationals, without Israel’s consent.”
YouTube deleted the groups' channels, as well as their entire archives, which contained over 700 videos that documented acts of brutality by the Israeli military against Palestinians.
According to The Intercept, these included an investigative report about the killing of the Palestinian-American journalist Shireen Abu Akleh by Israeli troops, the military's destruction of Palestinians' homes in the West Bank, and a documentary about mothers who'd survived Israel's genocide in Gaza.
Google confirmed to The Intercept that it deleted the videos to comply with the State Department sanctions.
“Google is committed to compliance with applicable sanctions and trade compliance laws,” YouTube spokesperson Boot Bullwinkle said in a statement.
Katherine Gallagher, a senior staff attorney at the Center for Constitutional Rights, said it was "outrageous that YouTube is furthering the Trump administration’s agenda to remove evidence of human rights violations and war crimes from public view."
YouTube's censorship of content deemed too supportive of Palestinians predates President Donald Trump's return to power. In 2024, officials at YouTube and other social media companies were found to have cooperated through secretive back channels with a group of volunteers from Israel's tech sector to remove content critical of Israel.
Following news of the three human rights groups losing their channels, documentarian and journalist Robert Inlakesh wrote on social media that in 2024, YouTube removed his channel without warning, deleting all his content, including several documentaries he'd produced in the occupied territories.
"YouTube deleted all my coverage of Israeli soldiers shooting civilians, including children targeted on a live stream, along with my entire account," he said. "No community guidelines were violated, and three separate excuses were given to me. Then Google deleted my email and won’t respond to appeals."
Groups sanctioned by the US for supporting the ICC have previously received preliminary injunctions in two cases, in which courts said the State Department violated their First Amendment rights.
But even with the sanctions in place, Sarah Leah Whitson, the executive director of Democracy for the Arab World Now, said there was little legal reason for YouTube to capitulate.
"It’s really hard to imagine any serious argument that sharing information from these Palestinian human rights organizations would somehow violate sanctions," she said. "Succumbing to this arbitrary designation of these Palestinian organizations, to now censor them, is disappointing and pretty surprising.”
Basel al-Sourani, an international advocacy officer and legal advisor for the Palestinian Center for Human Rights said that YouTube has not made it clear what policies his group's channel violated.
“YouTube said that we were not following their policy on Community Guidelines, when all our work was basically presenting factual and evidence-based reporting on the crimes committed against the Palestinian people, especially since the start of the ongoing genocide on October 7," he said.
"By doing this," he added, "YouTube is being complicit in silencing the voices of Palestinian victims."
“He’s apparently quitting now because democracy isn’t ‘just fine,'” said one Maine professor.
US Rep. Jared Golden, a centrist Democrat from Maine who has backed President Donald Trump's policies on issues such as trade and immigration, announced on Wednesday that he would not be seeking another term in office.
In an editorial published by the Bangor Daily News, Golden said that he decided against running for office again because he had "grown tired of the increasing incivility and plain nastiness that are now common from some elements of our American community—behavior that, too often, our political leaders exhibit themselves."
Golden—the former Blue Dog Coalition co-chair with a history of voting with Republicans on various climate, military, and student debt relief policies—also said that he has become worried about political violence in the US that has targeted both lawmakers and activists in recent years.
"Last year we saw attempts against Donald Trump’s life, and more recently we witnessed the firebombing of Pennsylvania Gov. Josh Shapiro’s home, the assassination of Democratic lawmakers in Minnesota, and the horrific murder of Charlie Kirk," he explained. "These have made me reconsider the experiences of my own family, including all of us sitting in a hotel room on Thanksgiving last year after yet another threat against our home. There have been enough of those over the years to demand my attention."
Golden also emphasized that he was not worried about losing the next election, but had instead concluded that "what I could accomplish in this increasingly unproductive Congress pales in comparison to what I could do in that time as a husband, a father, and a son."
Maine State Auditor Matt Dunlap, who announced earlier this year that he would challenge Golden for the Democratic nomination in Maine's 2nd Congressional District, put out a statement on Wednesday before Golden announced that he would not seek another turn claiming that Democrats' sweeping wins in Tuesday's elections showed that US voters wanted representatives who would more assertively stand up to the president.
"Across the country, voters rejected fear and division," Dunlap said. "They’re not ‘okay with’ another Trump presidency like Jared Golden is. Golden was wrong to cave on the continuing resolution instead of protecting affordable healthcare."
The remark about Golden being "okay with" Trump is a reference to an editorial he published last year in which he said that Trump would win the 2024 election and that "democracy will be just fine" regardless.
Michael Socolow, a media historian at the University of Maine, noted the contrast between Golden's editorial last year in which he brushed aside concerns about a second Trump term, and his editorial this year lamenting how a lack of civility and threats of political violence had snuffed out his desire to have a career in politics.
"I wonder if he regrets his op-ed saying 'Democracy will be just fine' if Donald Trump won the 2024 election?" he wondered. "He's apparently quitting now because democracy isn't 'just fine.'"
While Golden was one of the most conservative Democrats in the US House, he also represented a district that has voted for Trump in three consecutive elections, and his retirement will likely make it harder for Democrats to keep the seat from flipping to Republicans in the 2026 midterm elections.
J. Miles Coleman, an associate editor at Sabato's Crystal Ball, wrote on X that Golden's retirement moves his district from a "toss-up" election to a "leans Republican" election next year.
Former Maine Gov. Paul LePage, a MAGA favorite and ardent Trump supporter, confirmed last month that he planned to run for Golden's seat.