The Courts That Actually Decide Your Rights
State supreme courts struck down gerrymandered maps in Pennsylvania, Wisconsin, and North Carolina. They blocked abortion bans in Kansas and South Carolina. They ruled on voter ID laws, public school funding, and gun regulations. Since the U.S. Supreme Court pulled back from protecting voting rights and reproductive rights, state courts have become the last line of defense.
In 2026, 65 seats on state supreme courts are on the ballot across 32 states. Nineteen states are holding contested elections where challengers can run. Thirteen more are holding retention votes. Most of these races will get less media coverage than a single congressional primary.
65 state supreme court seats across 32 states are on the ballot in 2026. Republican-appointed justices hold majorities on 32 of the nation’s 52 highest courts.
Wisconsin Proved What One Race Can Do
In April 2023, Milwaukee County Judge Janet Protasiewicz won by 11 points, flipping the Wisconsin Supreme Court to a liberal majority for the first time in 15 years. The race cost $42 million, making it the most expensive state court election in American history.
Eight months later, the new court struck down the state’s gerrymandered legislative maps as unconstitutional and ordered new districts for the 2024 elections. Those new maps made both chambers competitive for the first time in a decade. One seat changed the political structure of an entire state.
In April 2026, Wisconsin extended its liberal majority to 5-2 when Chris Taylor won an open seat by 20 points, locking in the court’s direction through at least 2030.
Where Courts Could Flip in November
Montana is the state to watch. One seat on the seven-member court is open after Justice Beth Baker’s retirement. Dan Wilson, the conservative candidate, headlined a Montana Republican Party event and has said he will counter the court’s “left tilt.”
If Wilson wins, it would flip Montana’s court to a conservative majority. Montana’s court has ruled on public lands access, environmental regulations, and constitutional privacy protections that could affect abortion rights.
North Carolina is also critical. Justice Anita Earls, a Democrat, faces a challenge from Republican state legislator Sarah Stevens. North Carolina’s court reversed its own gerrymandering ruling in 2023 after its membership changed. The court already has a Republican majority, but the Earls seat would deepen that advantage and affect redistricting cases heading into the 2030 cycle.
States Where the Stakes Are Highest
Ohio. Jennifer Brunner, a Democrat and former secretary of state, is up for retention. Ohio voters enshrined abortion rights in the state constitution in 2023, but the court’s composition determines how that amendment gets enforced.
Michigan. Liberals are defending their large court majority. Michigan’s court upheld the state’s reproductive rights amendment and will rule on voting access cases through 2030.
Texas. Three seats on the all-Republican court are on the ballot. Texas’s court has ruled on school vouchers, abortion enforcement, and energy regulation. No Democratic candidate has won a Texas Supreme Court seat since 1998, but the statewide political environment has shifted.
Kansas. The Kansas Supreme Court reaffirmed in 2024 that the state constitution protects abortion access. Retention elections for justices who joined that ruling will test whether Kansas voters back the court that protected their rights.
What you can do now
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Find out if your state has a supreme court race. Go to Ballotpedia’s 2026 state supreme court page and search your state. Thirty-two states have races this year.
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Learn your candidates before November. The Brennan Center’s Buying Time tracker tracks spending and advertising in judicial races. Bolts Magazine publishes a state-by-state guide with candidate backgrounds and stakes.
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Tell one person that judges are on the ballot. Judicial races consistently have the highest undervote rates on any ballot. Voters skip them because they do not know the candidates exist. That is how a $42 million Wisconsin race gets decided while most voters in other states leave the line blank.
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Check whether your state uses retention elections. In 13 states, voters decide yes or no on keeping sitting justices. A “no” vote removes them. These are low-attention races where small turnout swings determine outcomes.