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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.
"His campaign paired moral conviction with concrete plans to lower costs and expand access to services, making it unmistakable what he stood for and whom he was fighting for."
Amid calls for ousting Democratic congressional leadership because the party caved in the government shutdown fight over healthcare, a YouGov poll released Monday shows the nationwide popularity of New York City Mayor-elect Zohran Mamdani's economic agenda.
Mamdani beat former New York Gov. Andrew Cuomo in both the June Democratic primary and last week's general election by campaigning unapologetically as a democratic socialist dedicated to making the nation's largest city more affordable for working people.
Multiple polls have suggested that Mamdani's progressive platform offers Democrats across the United States a roadmap for candidates in next year's midterms and beyond. As NYC's next mayor began assembling his team and the movement that worked to elect him created a group to keep fighting for his ambitious agenda, YouGov surveyed 1,133 US adults after his victory.
While just 31% of those surveyed said they would have voted for Mamdani—more than any other candidate—and the same share said they would vote for a candidate who identified as a "democratic socialist," the policies he ran on garnered far more support.
YouGov found:
Data for Progress similarly surveyed 1,228 likely voters from across the United States about key pieces of Mamdani's platform before his win. The think tank found that large majorities of Americans support efforts to build more affordable housing, higher taxes for corporations as well as millionaires and billionaires, and free childcare, among other policies.

"There's a common refrain from some pundits to dismiss Mamdani's victory as a quirk of New York City politics rather than a sign of something bigger," Data for Progress executive director Ryan O'Donnell wrote last week. "But his campaign paired moral conviction with concrete plans to lower costs and expand access to services, making it unmistakable what he stood for and whom he was fighting for. The lesson isn't that every candidate should mimic his style—you can't fake authenticity—but that voters everywhere respond when a candidate connects economic populism to clear, actionable goals."
"Candidates closer to the center are running on an affordability message as well," he noted, pointing to Democrat Mikie Sherrill's gubernatorial victory in New Jersey. "When a center-left figure like Sherill is running on taking on corporate power, it underscores how central economic populism has become across the political spectrum. Her message may have been less fiery than Mamdani's, but she drew from a similar well of voter frustration over rising costs and corporate influence. In doing so, Sherrill demonstrated to voters that her administration would play an active role in lowering costs—something that voters nationwide overwhelmingly believe the government should be doing."
"When guys like Jeffries and Schumer say 'effective' they're talking about effectively flattering large-dollar donors," said one critic.
Progressive anger and calls for primary challenges followed House Minority Leader Hakeem Jeffries' Monday endorsement of top Senate Democrat Chuck Schumer—under whose leadership numerous Democratic lawmakers caved to Republicans to pave the way to ending the government shutdown without winning any meaningful concessions.
As progressives demanded the resignation or ouster of Schumer (D-NY), Jeffries (D-NY) was asked during a press conference whether the 74-year-old senator is effective and whether he should remain as the upper chamber's minority leader.
"Yes and yes," replied Jeffries. "As I've indicated, listen, Leader Schumer and Senate Democrats over the last seven weeks have waged a valiant fight on behalf of the American people."
"I don't think that the House Democratic Caucus is prepared to support a promise, a wing and a prayer, from folks who have been devastating the healthcare of the American people for years," he said.
Asked if he thinks Schumer is effective and should keep his job, Hakeem Jeffries replies: "Yes and yes."
[image or embed]
— Ken Klippenstein (@kenklippenstein.bsky.social) November 10, 2025 at 2:07 PM
Both Schumer and Jeffries say they will vote "no" on the the GOP bill to end the shutdown.
Activist and former Democratic National Committee Co-Vice Chair David Hogg said on social media that Schumer's "number one job is to control his caucus," and "he can't do that."
Eight members of the Senate Democratic caucus—Catherine Cortez Masto (Nev.), Dick Durbin (Ill.), John Fetterman (Pa.), Maggie Hassan (NH), Tim Kaine (Va.), Angus King (I-Maine), Jacky Rosen (Nev.), and Jeanne Shaheen (NH)—enabled their Republican colleagues to secure the 60 votes needed for a cloture vote to advance legislation to end the shutdown.
Critics say the proposal does nothing to spare Americans from soaring healthcare premiums unleashed in the One Big Beautiful Bill Act signed by President Donald Trump in July.
"Standing up to a tyrant—who is willing to impose pain as leverage to compel loyalty or acquiescence—is hard," Sen. Chris Murphy (D-Conn.) said Monday. "You can convince yourself that yielding stops the pain and brings you back to 'normal.' But there is no 'normal.' Submission emboldens the tyrant. The threat grows."
Rep. Ro Khanna (D-Calif.) said on X: "Sen. Schumer is no longer effective and should be replaced. If you can’t lead the fight to stop healthcare premiums from skyrocketing for Americans, what will you fight for?"
New York City Councilman Chi Ossé (D-36)—who on Sunday said that Schumer and Senate Democrats "failed Americans" by capitulating to "MAGA fascists"—laughed off Jeffries' ringing endorsement of Schumer's leadership.
Former Democratic Ohio state Sen. Nina Turner called Jeffries and Schumer "controlled opposition" while demanding that they both "step down."
The progressive political action group Our Revolution published a survey last week showing overwhelming grassroots support for running primary challenges to Schumer and Jeffries. The poll revealed that 90% of respondents want Schumer to step down as leader, while 92% would support a primary challenge against him when he’s next up for reelection in 2028. Meanwhile, 70% of respondents said Jeffries should step aside, with 77% backing a primary challenge.
Turner also called for a ban on corporate money in politics and ousting "corporate politicians."
Left Reckoning podcast host Matt Lech said on X that "when guys like Jeffries and Schumer say 'effective' they're talking about effectively flattering large-dollar donors."
In a letter to the British public broadcaster, Trump cited a memo from a Conservative Party-linked former BBC adviser who claimed the network displayed an "anti-Israel" bias, despite ample evidence to the contrary.
The BBC in the United Kingdom is the latest target of US President Donald Trump's attempts to root out all unflattering portrayals of him from media coverage, with the president citing a memo penned by a former BBC adviser reported to have ties to the British Conservative Party.
Trump wrote to the BBC Monday, warning that he would file a lawsuit demanding $1 billion in damages unless the publicly funded broadcaster retracts a documentary film about him from last year, issues a formal apology, and pays him an amount that would “appropriately compensate President Trump for the harm caused.”
The president gave the network until Friday to act in regard to Trump's complaint about a section of the film Trump: A Second Chance? by the long-running current affairs series Panorama.
The film was broadcast days before the 2024 US election, and included excerpts from the speech Trump gave to his supporters on January 6, 2021 just before thousands of them proceeded to the US Capitol to try to stop the election results from being certified.
It spliced together three quotes from two sections of the speech that were made about 50 minutes apart, making it appear that Trump urged supporters to march with him to the Capitol and called for violence.
"We’re going to walk down to the Capitol... and I’ll be there with you... and we fight. We fight like hell," Trump is shown saying in the edited footage.
In the unedited quote, Trump said, "We’re going to walk down to the Capitol, and we’re going to cheer on our brave senators and congressmen and women, and we’re probably not going to be cheering so much for some of them.”
BBC chairman Samir Shah said the network's standards committee had discussed the editing of the clips earlier this year and had expressed concerns to the Panorama team. The film is no longer available online at the BBC's website.
"The furor over the Trump documentary is not about journalistic integrity. It’s a power play... It’s a war over words, where the vocabulary of journalism itself is weaponized."
“We accept that the way the speech was edited did give the impression of a direct call for violent action," said Shah. "The BBC would like to apologize for that error of judgment.”
Two top executives, director general Tim Davie and head of news Deborah Turness, also resigned on Sunday under pressure over the documentary.
The uproar comes days after the right-wing Daily Telegraph published details from a memo by former BBC standards committee adviser Michael Prescott, "managing director at PR agency Hanover Communications, whose staff have gone on to work for the Conservative Party," according to Novara Media.
Prescott's memo took aim at the documentary as well as what he claimed was a pro-transgender bias in BBC news coverage and an anti-Israel bias in stories by the BBC's Arabic service.
According to the Guardian, Robbie Gibb, a member of the BBC board who previously worked as a communications official for former Tory Prime Minister Theresa May, "amplified" the criticisms in Prescott's memo in key board meetings ahead of Davie's and Turness' resignations.
Deadline reported Monday that "insiders" at the BBC have alleged that Prescott's memo, the resignations, and Trump's threat of legal action all stem from a right-wing "coup" attempt at the broadcaster.
Journalists including Mehdi Hasan of Zeteo News and Mikey Smith of The Mirror noted that while Panorama's editing of Trump's speech could be seen as misleading, the documentary wasn't responsible for accusations that the president incited violence on January 6, which pre-dated the film.
"To understand how insane it is that the BBC is being accused of ‘making it look like’ Trump was inciting violence with their bad edit, as opposed to Trump actually having incited violence, we know even his own kids that day were desperately trying to get him to call off the mob," said Hasan.
Others suggested the memo cited in Trump's letter to the broadcaster should be discredited entirely for its claim that the BBC has exhibited an anti-Israel bias—an allegation, said author and international relations professor Norrie MacQueen, that amounted to "an entirely new level" of George Orwell's "newspeak."
While the BBC "has been shaken by one of the smallest of its sins," wrote media analyst Faisal Hanif at Middle East Eye, "the greater one—its distortion of Palestinian reality—goes unpunished."
Hanif pointed to a report published in June by the Center for Media Monitoring, which showed that despite Gaza suffering 34 times more casualties than Israel since October 2023, the BBC "gave Israeli deaths 33 times more coverage per fatality and ran almost equal numbers of humanizing victim profiles (279 Palestinians vs. 201 Israelis)."
The network also used "emotive terms four times more for Israeli victims" and shut down allegations that Israel has committed genocide in Gaza, as well as "making zero mention of Israeli leaders’ genocidal statements," even as Israel faces a genocide case at the International Court of Justice.
"The furor over the Trump documentary is not about journalistic integrity," wrote Hanif. "It’s a power play: the disciplining of a public broadcaster that still, nominally, answers to the public rather than the billionaire-owned media. It’s a war over words, where the vocabulary of journalism itself is weaponized."
"The BBC is punished for the wrong things. It loses its leaders over an editing error, while escaping accountability for its editorial failures on Gaza," Hanif continued. "The Trump documentary might have been misedited, but the story of Gaza has been mistold for far longer. If the BBC still believes in its own motto—'Nation shall speak peace unto nation'—then peace must begin with honesty."