Ballotpedia publishes state court partisanship study

Each state has at least one supreme court, or court of last resort. Oklahoma and Texas each have two such courts, one for civil appeals and one for criminal appeals. Ballotpedia Courts: State Partisanship—a culmination of eight months of research and compilation of raw data—supplies Partisan Confidence Scores for 341 active state supreme court justices on all 52 courts of last resort. 

We gathered a variety of data on each justice and, based on that data, placed each justice into one of five categories indicating our confidence in their affiliations with either the Democratic or Republican Parties.

These categories are Strong Democratic ConfidenceMild Democratic ConfidenceIndeterminate ConfidenceMild Republican Confidence, and Strong Republican Confidence

The study does not specifically describe the partisan affiliation of judges. We call our scores Confidence Scores because we believe they provide insight into the degree of confidence we have in each justice’s political leanings because of their previous partisan activity.

Here are some of the key findings from the study:

  1. Of the 341 justices studied, we assigned Republican scores to 178 (52.2%), Democratic scores to 114 (33.4%), and Indeterminate scores to 49 (14.4%). 
  2. Twenty-seven states (54%) have a majority of justices with Republican scores. Fifteen state supreme courts (30%) have a majority of justices with Democratic scores. Eight state supreme courts (16%) do not have a majority of justices with Democratic scores or Republican scores. 
  3. 39.9% of the population live in a state which has a majority of justices with Democratic scores on the court. 51.1% of citizens live in a state which has a majority of justices with Republican scores on the court. 9% of citizens live in a state with a split court, or a court with a majority of justices with indeterminate partisan leanings. 

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About the author

Samuel Postell

Samuel Postell is a staff writer at Ballotpedia. Contact us at editor@ballotpedia.org.

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