November, 03 2010, 10:44am EDT
2010 Judicial Elections Increase Pressure on Courts, Reform Groups Say
WASHINGTON
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.
LATEST NEWS
Alan Greenspan, Longtime Fed Chair and Ayn Rand Disciple, Meets Ultimate ‘Invisible Hand’
"For decades, he preached that the self-interest of the predator was the invisible hand of the common good," Yanis Varoufakis said after the man who led the US central bank under four presidents died aged 100.
Jun 22, 2026
Alan Greenspan, whose policies during nearly 20 years as US Federal Reserve chair fueled soaring economic inequality and helped create the conditions for multiple economic crashes, died Monday at age 100 after a long battle with Parkinson's disease.
While many corporate media outlets published hagiographic obituaries lionizing the "Maestro" who presided over nearly two decades of low inflation, rising stock prices, and American economic confidence, critics focused on Greenspan's role in promoting dangerous deregulation and "easy money" policies that inflated financial bubbles, with sometimes disastrous results.
Robert Reich—who served as US labor secretary under President Bill Clinton during all of Greenspan's tenure—called him "in many ways the most powerful person in America" during that era.
"If any single person was responsible for the financial crisis of 2008, it was Greenspan."
"He maintained an iron grip over the Fed, and almost single-handedly decided on interest rates," Reich wrote. "He essentially fired George H. W. Bush by raising interest rates so high (ostensibly to ward off the inflation then threatening the economy) that the economy took a dive, and voters blamed Bush. This was enough to convince my boss, Bill Clinton, to do exactly what Greenspan wanted—which was to reduce the federal budget deficit and thereby destroy much of the agenda Clinton ran on (and I helped create)."
"I don’t want to speak ill of anyone who has passed. Greenspan was an extremely charming, intelligent, and thoughtful man," Reich added. "But the truth must be told: If any single person was responsible for the financial crisis of 2008, it was Greenspan. That crisis—the worst collapse since 1929, which led to the worst recession in decades, in which millions of Americans lost their jobs, savings, and even their homes—resulted from the deregulation of Wall Street that Greenspan advocated."
Former Greek Finance Minister Yanis Varoufakis wrote on X: "His epitaph? A singular, glorious confession, 'I found a flaw in my model of the world.' A flaw, he said, as though it were a leaky pipe, not a total collapse of the intellectual architecture that anointed him Oracle. For decades, he preached that the self-interest of the predator was the invisible hand of the common good.
"Then, in 2008, the beast devoured the table, and to his credit, he blinked, admitting that his entire worldview—the one that central bankers canonized and the world swallowed—was a fairy tale for rentiers," Varoufakis added. "He did not, of course, admit to culpability. That would require a moral compass, a device notably absent from his Ayn Randian toolbelt. No, he merely noted the flaw, as a meteorologist might note a gust of wind, and returned to his well-earned silence."
Born 10 miles from Wall Street in Manhattan's Washington Heights during one of the most infamous economic bubbles of all time, Greenspan was a protégé of libertarian writer and philosopher Ayn Rand and was influenced by the Atlas Shrugged author's moral defense of capitalism, her fierce advocacy of deregulation, and her insidious insistence that self-interest was socially beneficial.
Their relationship cooled as Greenspan embraced more mainstream economic policies despised by Rand and gradually became a leading steward of the very sort of state-shepherded system she deeply distrusted.
After heading President Gerald Ford's Council of Economic Advisers, Greenspan was appointed chair of the Fed by President Ronald Reagan in 1987. He would remain in the post well into George W. Bush's second term.
Greenspan generally favored low interest rates, especially after crises like the 1987 stock market crash, the 1998 Long-Term Capital Management crisis, and the 2001 recession. His fame grew after he suggested that the economy might be experiencing a tech-driven “productivity miracle," language that many investors took as validation that traditional valuation limits were obsolete.
Critics would later call it a "productivity mirage."
Staunch devotion to low interest rates by Greenspan's Fed boosted stock prices and real estate values under "easy money" policies. Many investors came to believe that the Fed would intervene aggressively whenever markets fell sharply—the so-called "Greenspan Put."
However, since ownership of financial assets (and the firms that sell and promote them) is concentrated among the wealthy, it was the rich who benefited most from Greenspan's polices. When bubbles burst, as they did after the dot-com boom that ended in early 2000 and during the 2008 global financial crisis, the rich bounced back thanks to their diversified portfolios and bailouts, while middle- and lower-income households were wiped out through asset devaluation, foreclosures, and job losses.
"It is no exaggeration to say the global financial crisis of 2008 had an enormous and lasting impact on American life and the way ordinary people view elites," New York Times global economic correspondent Peter S. Goodman said on social media. "It is also no exaggeration to say that Alan Greenspan has as much responsibility for the crisis as an individual can."
"For those not old enough to remember, it is difficult to state his aura during his time of greatest influence," Goodman continued. "When he told Americans that they should buy houses and use variable-rate mortgages to do it, they listened. Much is made of his econ jargon-laden vernacular that went over the heads of nearly all listeners."
"That was central to the mystique," he added. "When he went to the Hill and spoke to Congress, most people had no idea what he was talking about but assumed that smarter kids did. And so his quasi-religious faith in the efficiency of markets as the ultimate insurance against risk went unchallenged and became dogma, and the risks kept building."
Keep ReadingShow Less
‘Time to Sue This Liar’: Trillionaire Elon Musk Threatens Ro Khanna for Warning of 4.5 Million Child Deaths From DOGE Cuts
"The Dems should have a leader who Elon Musk is threatening to sue and wants imprisoned," said one political observer. "That's the right guy."
Jun 22, 2026
The recently crowned world's first trillionaire Elon Musk threatened Rep. Ro Khanna with legal action on Monday after the California Democrat pointed out the life-ending potential of foreign aid cuts made by the Department of Government Efficiency.
During an appearance on the "I've Had It" podcast on Saturday, Khanna (D-Calif.) said that there must be consequences for Musk, who in February 2025 used DOGE to curtail programs and cut funding for the United States Agency for International Development (USAID).
"There needs to be accountability for Elon Musk," Khanna emphasized. "You know, they’re celebrating that he created 4,400 millionaires, but they don’t talk about the 4.5 million children around the world who he possibly sentenced to death by dismantling USAID.”
A peer-reviewed study published by The Lancet in July 2025 estimated that proposed cuts to USAID could lead to as many as 14 million preventable deaths by 2030 worldwide, including the deaths of 4.5 million children under the ages of five years old.
Musk, who earlier this month became the world's first trillionaire, wrote in response to Khanna's interview that it was "time to sue this liar."
It's not clear how Khanna's statement could be defamatory given that it was based on research published by a prestigious medical journal.
Musk, in a separate reaction to Khanna's remarks about USAID, later added that the US lawmaker "should be in prison."
On Monday afternoon, Khanna posted a video in which he challenged Musk to debate him on the impact the DOGE cuts have had on people throughout the Global South who had previously benefited from USAID.
"The world's richest person has spent all day... going after me," Khanna said. "Why? Because I cited an academic study that his DOGE cuts may lead to the deaths of millions of children overseas. You know, Elon, I thought you were a free speech guy. Why not debate me on these issues instead of threatening lawfare?"
"You're not going to be able to intimidate me," Khanna added.
.@elonmusk let's debate. You game?
I am for free speech, not lawfare. pic.twitter.com/gThLggxiOW
— Ro Khanna (@RoKhanna) June 22, 2026
Mehdi Hasan, editor-in-chief of Zeteo News, said that Khanna’s willingness to directly take on Musk exhibited qualities that Democrats could use more of in leadership positions.
"He is picking/making the right enemies on the right, and really pissing them off," Hasan wrote of Khanna. "The Dems should have a leader who Elon Musk is threatening to sue and wants imprisoned. That's the right guy."
Keep ReadingShow Less
'There Will Come a Day When He Faces Prosecution': Trump Condemned After US Murders Two More at Sea
"The summary execution of two more in an alleged drug boat brings the number of murders ordered by Trump to more than 210," noted one human rights defender.
Jun 22, 2026
Two people were killed, and six others survived, a strike on Sunday that the US military claimed—without providing evidence—targeted a boat full of "narco-terrorists," but that human rights defenders called another summary execution worthy of prosecution.
"On June 21, at the direction of the commander of US Southern Command, Gen. Francis L. Donovan, Joint Task Force Southern Spear conducted a lethal kinetic strike on a vessel operated by Designated Terrorist Organizations," USSOUTHCOM said in a statement. "Intelligence confirmed the vessel was transiting along known narco-trafficking routes in the Caribbean and was engaged in narco-trafficking operations."
"Two male narco-terrorists were killed during this action, and there were six male survivors," the statement added. "Following the engagement, USSOUTHCOM immediately notified US Coast Guard to activate the Search and Rescue system for the survivors."
More lawless killing in the Trump administration’s boat bombing campaign.Real killing in a phony armed conflict with “narco-terrorists.”This strike reportedly left 6 survivors.US record for rescuing survivors alive is…not great.
[image or embed]
— Brian Finucane (@bcfinucane.bsky.social) June 21, 2026 at 11:28 PM
According to The Intercept's Nick Turse, who has tracked all of the reported US boat bombings in the Caribbean Sea and Pacific Ocean, there have now been 66 such strikes, which have killed 215 people and left 12 survivors, based on USSOUTHCOM data.
The fate of previous boat strike survivors is not completely clear. After one April bombing, the US Coast Guard told UPI that search-and-rescue operations were called off after no signs of survivors were found. Last October, President Donald Trump said two strike survivors were repatriated to their home countries of Ecuador and Colombia, where they faced prosecution.
Survivors of some of the strikes have accused US forces of torturing them.
Relatives of people killed in previous US boat bombings, as well as officials in Venezuela and Colombia, have said that numerous victims were fishers who were not involved in the illicit drug trade.
In January, relatives of two Trinidadian fishers killed in the strikes filed a federal wrongful death lawsuit in Massachusetts.
"The summary execution of two more in an alleged drug boat brings the number of murders ordered by Trump to more than 210," former Human Rights Watch executive director Kenneth Roth said on social media. "There will come a day when he faces prosecution for these crimes."
Keep ReadingShow Less
Most Popular


