Jane S. Schacter, Polarization, Nationalization, and the Constitutional Politics of Recent State Supreme Court Elections, 2022 Wis. L. Rev. 1311 (2022).
Abstract
Elections have the capacity to engage voters more directly with constitutional law and legal institutions than anything on the federal level. At the same time, as Dobbs illustrates, what happens on the federal level can profoundly affect and shape these elections. With this context in mind, I will explore the question of what increasingly polarized and nationalized recent state supreme court elections look like and, more specifically, how partisanship shapes the electoral environment in court campaigns.
