Judicial Races Now Look Like Regular Old Political Campaigns. Thanks, Citizens United!

<a href="http://www.shutterstock.com/pic-82783156/stock-photo-justice-statue-with-sword-and-scale-cloudy-sky-in-the-background.html?src=HfXh5TD0LtprOk-2rf2mtw-1-6">Shutterstock</a>/ER_09

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


Justice is blind, except when it’s backed by millions in political spending. In the wake of Citizens United, the Supreme Court case allowing unlimited spending on elections by outside groups, judicial races in the thirty-eight states that conduct elections for their high courts have become indistinguishable from ordinary political campaigns, according to a new report released Thursday by the Brennan Center for Justice and Justice at Stake, which analyzed the 2011-2012 judicial election cycle. Check it out:

The last election cycle saw record spending: Special interest groups and political parties spent an unprecedented $24.1 million on state court races in the last election period, a jump of more than $11 million since 2007-08. The most expensive high court elections were in the four states where courts most closely divided by either judicial philosophy or political party: Michigan, Wisconsin, Florida, and North Carolina.

Top funders were mostly conservative: Business and conservative groups accounted for 7 of the top 10 spenders in 2011–2012.

Special interest group donations escalated: The independent groups empowered by Citizens United spent a record $15.4 million to persuade voters in high court races in the last election period, accounting for more than 27 percent of total spending on high court races. The previous record was $11.8 million in 2003–2004.

Koch-type national groups invaded judicial races: Big spenders in judicial races in the last election cycle included the Koch brothers’ group Americans for Prosperity in Florida and North Carolina, the NRA-affiliated group Law Enforcement Alliance of America in Mississippi, the Republican State Leadership Committee in North Carolina, and the progressive advocacy group America Votes in Florida.

Super spenders dominated: Thirty-five percent of all funds spent on state high court races, or $19.6 million, came from only 10 special-interest groups and political parties. That’s compared with 21 percent in 2007-2008.

TV ad spending jumped: During the 2011-2012 cycle, a record $33.7 million was spent on television ads for state high court races, far more than the previous record of $28.5 million in 2007-2008. Negative advertisements aired in at least ten states. The Ohio Republican party said that Ohio Supreme Court justice candidate Bill O’Neill “expressed sympathy for rapists.” In Wisconsin, an incumbent justice was accused of protecting a priest accused of molestation. And in Michigan, one candidate was described as having “volunteer[ed] to help free a terrorist.”

WHO DOESN’T LOVE A POSITIVE STORY—OR TWO?

“Great journalism really does make a difference in this world: it can even save kids.”

That’s what a civil rights lawyer wrote to Julia Lurie, the day after her major investigation into a psychiatric hospital chain that uses foster children as “cash cows” published, letting her know he was using her findings that same day in a hearing to keep a child out of one of the facilities we investigated.

That’s awesome. As is the fact that Julia, who spent a full year reporting this challenging story, promptly heard from a Senate committee that will use her work in their own investigation of Universal Health Services. There’s no doubt her revelations will continue to have a big impact in the months and years to come.

Like another story about Mother Jones’ real-world impact.

This one, a multiyear investigation, published in 2021, exposed conditions in sugar work camps in the Dominican Republic owned by Central Romana—the conglomerate behind brands like C&H and Domino, whose product ends up in our Hershey bars and other sweets. A year ago, the Biden administration banned sugar imports from Central Romana. And just recently, we learned of a previously undisclosed investigation from the Department of Homeland Security, looking into working conditions at Central Romana. How big of a deal is this?

“This could be the first time a corporation would be held criminally liable for forced labor in their own supply chains,” according to a retired special agent we talked to.

Wow.

And it is only because Mother Jones is funded primarily by donations from readers that we can mount ambitious, yearlong—or more—investigations like these two stories that are making waves.

About that: It’s unfathomably hard in the news business right now, and we came up about $28,000 short during our recent fall fundraising campaign. We simply have to make that up soon to avoid falling further behind than can be made up for, or needing to somehow trim $1 million from our budget, like happened last year.

If you can, please support the reporting you get from Mother Jones—that exists to make a difference, not a profit—with a donation of any amount today. We need more donations than normal to come in from this specific blurb to help close our funding gap before it gets any bigger.

payment methods

WHO DOESN’T LOVE A POSITIVE STORY—OR TWO?

“Great journalism really does make a difference in this world: it can even save kids.”

That’s what a civil rights lawyer wrote to Julia Lurie, the day after her major investigation into a psychiatric hospital chain that uses foster children as “cash cows” published, letting her know he was using her findings that same day in a hearing to keep a child out of one of the facilities we investigated.

That’s awesome. As is the fact that Julia, who spent a full year reporting this challenging story, promptly heard from a Senate committee that will use her work in their own investigation of Universal Health Services. There’s no doubt her revelations will continue to have a big impact in the months and years to come.

Like another story about Mother Jones’ real-world impact.

This one, a multiyear investigation, published in 2021, exposed conditions in sugar work camps in the Dominican Republic owned by Central Romana—the conglomerate behind brands like C&H and Domino, whose product ends up in our Hershey bars and other sweets. A year ago, the Biden administration banned sugar imports from Central Romana. And just recently, we learned of a previously undisclosed investigation from the Department of Homeland Security, looking into working conditions at Central Romana. How big of a deal is this?

“This could be the first time a corporation would be held criminally liable for forced labor in their own supply chains,” according to a retired special agent we talked to.

Wow.

And it is only because Mother Jones is funded primarily by donations from readers that we can mount ambitious, yearlong—or more—investigations like these two stories that are making waves.

About that: It’s unfathomably hard in the news business right now, and we came up about $28,000 short during our recent fall fundraising campaign. We simply have to make that up soon to avoid falling further behind than can be made up for, or needing to somehow trim $1 million from our budget, like happened last year.

If you can, please support the reporting you get from Mother Jones—that exists to make a difference, not a profit—with a donation of any amount today. We need more donations than normal to come in from this specific blurb to help close our funding gap before it gets any bigger.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate