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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.
"Today’s news isn’t an anomaly," said leaders of the Democratic Women's Caucus and Congressional Black Caucus, "it is a part of a coordinated and sustained strategy to undermine and erase women and people of color."
In what's being called an "exceedingly rare" move, US Defense Secretary Pete Hegseth is blocking the promotion of two Black and two female colonels to one-star generals,
The New York Times reported Friday that some senior US military officials are questioning whether Hegseth acted out of animus toward Black people and women after the defense secretary blocked the promotion of the four officers despite the repeated objections of Army Secretary Daniel Driscoll, who touted what the Times called the colonels' "decadeslong records of exemplary service."
Military officials told the Times that Hegseth's chief of staff, Lt. Col. Ricky Buria, got into a heated exchange with Driscoll last summer over the promotion of another officer, Maj. Gen. Antoinette Gant—a combat veteran of the US invasions and occupations of Afghanistan and Iraq—to command the Military District of Washington, DC.
Such a promotion would have placed Gant in charge of numerous events at which she would likely be seen publicly with President Donald Trump. According to multiple military officials, Buria told Driscoll that Trump would not want to stand next to a Black female officer.
Pete Hegseth looked at a list of qualified officers and decided Black leaders and women had to go.That’s not leadership. It’s discrimination in plain sight.And every Republican who stays silent is complicit.
[image or embed]
— Rep. Norma Torres (@normajtorres.bsky.social) March 27, 2026 at 10:10 AM
A shocked Driscoll reportedly replied that "the president is not racist or sexist," an assessment that flies in the face of countless racist and sexist statements by the president, both before and during both of his White House terms.
Buria called the officials' account of his exchange with Driscoll "completely false."
White House Press Secretary Karoline Leavitt declined to discuss the matter beyond saying that Hegseth is “doing a tremendous job restoring meritocracy throughout the ranks at the Pentagon, as President Trump directed him to do.”
Military officials told the Times that one of the Black colonels whose promotion was blocked by Hegseth wrote a paper nearly 15 years ago historically analyzing differences between Black and white soldiers' roles in the Army. One of the female colonels, a logistics officer, was held back because she was deployed in Afghanistan during the US withdrawal whose foundation was laid by Trump during his first term. It is unclear why the two other colonels were denied promotions.
Although more than 40% of current active duty US troops are people of color, military leadership remains overwhelmingly comprised of white men. Hegseth, who declared a "frontal assault" on the "whores to wokesters" who he said rose up through the ranks during the Biden administration, told an audience during a 250th anniversary ceremony for the US Navy that "your diversity is not your strength."
Hegseth has argued that women should not serve in combat roles, although he later walked back his assertion amid pushback from senators during his confirmation process. Still, since Trump returned to office, every service branch chief and 9 of the military’s 10 combat commanders are white men.
Leaders of the Democratic Women's Caucus and Congressional Black Caucus issued a joint statement Friday calling Hegseth's blocking of the four colonels' promotions "outrageous and wrong."
"The claim that Hegseth’s chief of staff told the army secretary Trump would not want to stand next to a Black female officer at military events is racist, sexist, and extremely concerning," wrote the lawmakers, Reps. Yvette Clarke (NY), Teresa Leger Fernández (NM), Emilia Sykes (Ohio), Hillary Scholten (Mich.), and Chrissy Houlahan (Pa.).
"Time and time again, Trump and his administration have shown us exactly who they are—attacking and undermining Black people and women in the military, public servants, and women in power," the congressional leaders asserted. "It is clear they are trying to erase Black and women’s leadership and history."
"Today’s news isn’t an anomaly, it is a part of a coordinated and sustained strategy to undermine and erase women and people of color," their statement said.
"We've long known that Pete Hegseth is an unfit and unqualified secretary of defense appointed by Trump," the lawmakers added. "So it is absurd, ironic, and beyond inappropriate that he of all people would deny these promotions to officers with records of exemplary service. America's servicemembers deserve so much better.”
Sen. Jack Reed (D-RI), ranking member of the Senate Armed Services Committee, also issued a statement reading, "If these reports are accurate, Secretary Hegseth's decision to remove four decorated officers from a promotion list after having been selected by their peers for their merit and performance is not only outrageous, it would be illegal."
"Denying the promotions of individual officers based on their race or gender would betray every principle of merit-based service military officers uphold throughout their careers," Reed added.
Several congressional colleagues weighed in, like Sen. Tammy Duckworth (D-Ill.), a decorated combat veteran who lost her legs when an Iraqi defending his homeland from US invasion shot down the Blackhawk helicopter she was piloting. Duckworth said on Bluesky: "He says he wants to bring meritocracy back to our military. He says he has our warfighters' backs. But here he is, the most unqualified SecDef in history, denying troops a promotion that their fellow warfighters decided they've earned. Hegseth is a disgrace to our heroes."
Other observers also condemned Hegseth's move, with historian Virginia Scharff accusing him of "undermining national security with his racism and misogyny," and City University of New York English Chair Jonathan Gray decrying the "gutter racist" who "should be hounded from public life for the damage he’s caused."
More than 7 million borrowers booted from a Biden-era loan forgiveness program will have to quickly switch to a new plan using a system that's been backed up for months.
After axing a Biden-era student loan repayment program, the Trump administration is threatening to kick its millions of mostly low-income beneficiaries onto the government's most expensive plan unless they switch to a new one quickly.
The Washington Post reported on Friday that the Department of Education was beginning to email the more than 7 million people enrolled in the Saving on a Valuable Education (SAVE) program, telling them they needed to change their plan within the next 90 days.
Around 4.5 million of those borrowers earn incomes between 150% and 225%, allowing them to qualify for zero-dollar monthly payments under SAVE, which the Trump administration effectively killed in December after settling with Republican states who'd brought lawsuits against the program under former President Joe Biden.
Anonymous officials told The Post that those who do not switch plans within three months of receiving the email will automatically be re-enrolled in the Standard Plan. Unlike SAVE, which is income-based, the Standard plan has borrowers pay a fixed rate over 10 years.
Standard typically carries the highest monthly payments, and those transitioning to it from SAVE could pay more than $300 extra per month in some cases, with the poorest borrowers seeing the sharpest increases.
While 90 days may seem like plenty of time to switch to a less expensive repayment plan, it's not nearly that simple.
Due to the large exodus of borrowers, the Department of Education has struggled to process all the forms, processing only about 250,000 per month. Many borrowers who have tried to transition have found themselves waiting months for a reply.
To make matters more confusing, many of these borrowers will have to switch programs again soon, since all but one repayment program will be dissolved on July 1, 2028 as a result of last year's Republican budget law. The remaining plan will also be income-driven, though it is still expected to cost borrowers more each month.
According to a report released last month by the Century Foundation and Protect Borrowers, two groups that support loan forgiveness, nearly 9 million student loan borrowers are in default. During Trump's first year back in office, the student loan delinquency rate jumped from roughly zero to 25%, which it called "precedent-shattering."
"Much of the rise in delinquencies can be linked to the Trump administration’s actions aimed at increasing student loan payments," the report said. “The US Department of Education blocked borrowers from accessing more affordable payments through income-driven plans, having ordered a stoppage in application processing for three months and mass-denying 328,000 applications in August 2025. As of December 31, 2025, a warehouse’s worth of 734,000 applications sat unprocessed.”
Being in default has major ramifications for borrowers' finances. Those with delinquent loans saw their credit scores decrease by an average of 57 points during the first three quarters of 2025, dragging around 2 million of them into "subprime" territory, which forces them to pay thousands of dollars more for auto and personal loans and makes them more likely to have difficulty finding housing and employment.
The report estimated that if those booted from SAVE defaulted at the same rate as other borrowers, the number of student loan borrowers in distress could rise as high as 17 million.
According to Protect Borrowers, the typical family will pay more than $3,000 per year in additional costs as a result of the end of SAVE.
The end of SAVE comes as oil shocks caused by Trump's war in Iran have spiked gas prices and threaten to raise them throughout the economy, adding to the already elevated costs of food, housing, and transportation resulting from the president's aggressive tariff regime.
"In the middle of an affordability crisis driven by Donald Trump," said Sen. Elizabeth Warren (D-Mass.), "Trump is killing a plan that lowers student loan costs. It's shameful."
"The United States and Iran are trapped in a conflict in which each new escalation only deepens a shared, losing predicament... Sooner rather than later, both will confront the urgency of finding an off-ramp."
Multiple reports published in the last two days have indicated that President Donald Trump is seeking to wrap up his illegal war in Iran, which has significantly hurt his domestic political standing—partially by raising gas prices at a time when polls show US voters are primarily concerned about the cost of living.
While ending the Iran war will not be simple, some foreign policy experts believe that it can be done if both the US and Iran truly understand that deescalation is in both nations' best interests.
George Beebe, director of grand strategy at the Quincy Institute for Responsible Statecraft and former director of the CIA’s Russia analysis, and Trita Parsi, executive vice president of the Quincy Institute, have written an essay published on Thursday by Foreign Policy outlining what an achievable Iran "exit plan" would look like.
The authors acknowledged the immense challenges in getting both sides to meet one another halfway, but said this option is preferable to a drawn-out war that will leave both nations poorer and bloodied.
On Iran's side, argued Beebe and Parsi, a deal would involve renewing "its stated commitment to never pursue nuclear weapons," re-opening the Strait of Hormuz to all shipping vessels, and making a commitment "to denominating at least half of its oil sales in US dollars rather than the Chinese yuan."
The US, meanwhile, would "grant sanctions exemptions to countries prepared to finance Iran’s reconstruction" and "would also permit a specified group of states—such as China, India, South Korea, Japan, Turkey, Iraq, and others in the Gulf—to resume trade with Tehran and the purchase of Iranian oil, thereby easing global energy prices."
Beebe and Parsi emphasized that this deal would only be a first step, and they said the next step would be restarting negotiations to establish a nuclear weapons agreement similar to the one previously negotiated by the Obama administration that Trump tore up during his first term.
"The United States and Iran are trapped in a conflict in which each new escalation only deepens a shared, losing predicament," they wrote. "Neither can compel the other’s surrender. Sooner rather than later, both will confront the urgency of finding an off-ramp—one that does not hinge on the other’s humiliation."
Even if Trump takes this course of action, however, there is no guarantee it will succeed, in part because of how much he has already damaged US alliances across the world.
In an analysis published Thursday, Sarah Yerkes, senior fellow at the Carnegie International Endowment for Peace's Middle East Program, argued that even nations in the Middle East that stand to benefit from a weakened Iran are now thinking twice about their dependence on the US for their security needs, given that Trump's war has resulted in Iran launching retaliatory strikes throughout the region.
Yerkes also highlighted how Trump's handling of European allies is making it less likely that they will play a significant part in helping him end the conflict.
"Europe, which is not eager to enter what it sees as a war of choice, has refrained from proactively joining US and Israeli strikes," Yerkes explained. "One of the clearest examples of the transatlantic rift was over the initial reaction to closures in the Strait of Hormuz, the shipping channel for approximately 20% of the world’s seaborne oil and LNG traffic. Multiple European countries refused to cow to Trump’s demand that they send warships to help keep the strait open, inviting public ire from Trump."
The bottom line, warned Yerkes, is that "each day the war continues, without explicit goals or a clear exit strategy, opposition to the United States—from friends and foes, inside and outside—is also likely to grow, making America less safe and less secure."