Justices Thrown Off Balance

January 27th, 2025

Harry Xu

Months after the 2024 presidential race, close elections in battleground states remain – but this time, they involve state Supreme Court races.

Contrary to United States Supreme Court justices, who serve lifetime appointments, state Supreme Court justices serve appointments of varying lengths – most commonly, six, eight, or ten years. And, voters will be the ones electing the judges. Names on the ballot will not have a party affiliation, though candidates typically side with a political party.

In Wisconsin, a retiring liberal justice has opened a space for a close competition between the Republican-affiliated Brad Schimel and Democrat-affiliated Susan Crawford that will be decided in an election on April 1st.

The last time a seat opened in the Wisconsin Supreme Court was in 2023. The race resulted in a Democratic victory in the most expensive state supreme court race with $51 million spent. Now, with a liberal justice retiring, the control of Wisconsin’s Supreme Court will be decided in the upcoming election.

Meanwhile, in Pennsylvania, three Democratic justices face reelection in November, putting the 5-2 liberal majority at stake. Voters will be faced with the option to vote “yes” or “no” on whether to reelect the justices.

Usually, these retention votes get little attention, but after Pennsylvania swung right in last year’s election, Republicans want to keep their momentum. Scott Presler, leader of Republican vote-registration group Early Vote Action, says “you're going to see the Republican Party, even nationally, getting more involved in those state races.”

With the Conservative majority in the United States Supreme Court, Democrats are eager to maintain their current majorities in state courts, while Republicans are eager to capitalize on their momentum.

Now, all eyes are on the Wisconsin and Pennsylvania Supreme Court races. The results of the elections have the power to shift the majority of political parties in crucial battleground states. Executive director of the Wisconsin Democracy Campaign Nick Ramos says that following the 2024 presidential election, “people around the country are going to be looking at Wisconsin as a bellwether, as a litmus test of what the mood of the country is”. And after the Republican victories in these swing states, all eyes are on these elections to see whether that’s changed.

However, even though the majority of both Wisconsin and Pennsylvania voted for Trump in the 2024 race, it’s worth noting that Democratic Senator Tammy Baldwin won reelection in Wisconsin. While Republicans currently have the momentum in these swing states, the battle between the two parties is still close.

State supreme courts have made crucial decisions over controversial topics. In the last few years, the Wisconsin and Pennsylvania Supreme Courts have redistricted boundaries to benefit Democrats. These courts also have the power to decide cases regarding abortion, election disputes, and voting laws.

Elon Musk commented this past week on X regarding a Wisconsin election ruling last year, saying “Very important to vote Republican for the Wisconsin Supreme Court to prevent voting fraud!” As an influential multi billionaire, Musk’s interest in this race illustrates the significance of these races.

Two weeks ago, Republican candidate Schimel launched a $1.1 million advertisement campaign on TV – the start of the Wisconsin election’s ad war. Democratic candidate Crawford responded swiftly and spent seven figures on advertisements against Schimel.

These races are anticipated to break the record for funding, though high-level support from both parties is yet to happen. It can be expected, since Musk already is focused on the Wisconsin race, that larger support, possibly from President Trump, will follow closer to the election.

All eyes are on Wisconsin and Pennsylvania’s Supreme Court races as 2025 progresses. Whether Republicans will take back their previous majority in Wisconsin, or Democrats cling on to their current majorities in these two states is up to voters.

The stakes are high, and the future of justice depends on what happens in Wisconsin and Pennsylvania this year.