Issues
On the first Monday of each October, the U.S. Supreme Court begins hearing cases for its new term. There’s no doubt that the decisions reached there reverberate throughout the country.
But as Chief Judge Jeffrey Sutton, who serves on the Sixth Circuit Court of Appeals reminded everyone in his book, 51 Imperfect Solutions, state constitutions provide many rights and remedies not available under the U.S. Constitution, and that state courts are charged with interpreting and enforcing those rights. (Of course, those rights cannot conflict with provisions of the U.S. Constitution or federal law).
With the U.S. Supreme Court’s Dobbs decision, which overturned Roe v. Wade and returned power “to the people and their elected representatives,” state constitutions and state supreme court decisions interpreting those constitutions have taken on new significance.
State Supreme Courts races are crucial
The Supreme Court’s 2022 decision overturning Roe v. Wade was a watershed moment for state judicial politics. The decision eliminating the federal right to an abortion crystalized the reality that as federal courts limit the protections provided by the U.S. Constitution, state courts will increasingly decide today’s highest-stakes legal fights. Indeed, since Dobbs v. Jackson Women’s Health Organization, advocates have filed 38 cases in 23 states challenging state abortion bans under state law, not to mention major state court challenges related to crucial disputes over redistricting, climate change, and voting laws.
State supreme courts have long been important — they typically have the final word on questions of state law and oversee court systems that hear 95 percent of all cases filed in the United States each year. What has changed is that advocates are increasingly bringing their highest-profile cases in state courts, and political officials, interest groups, donors, and the public are becoming more aware of how important these courts are.