Is it time for states to stop electing judges?
After the controversial Wisconsin Supreme Court race, some commentators say we ought to quit letting the public pick justices

Wisconsin's hotly contested Supreme Court election is nearing a conclusion, as county officials wrap up a review of the ballots. The April 5 vote between Republican David Prosser and Democrat JoAnne Kloppenburg took on national significance, as the outcome will determine whether conservatives or liberals hold the majority when the court rules on Gov. Scott Walker's (R-Wis.) bid to restrict the rights of labor unions. But the race's partisan nature — and the $3.5 million spent by outside groups — has some wondering if judicial elections are poisoning our courts with politics. Thirty-nine states elect at least some of their judges. Should they reconsider?
Justice is being skewed by political bias: "Something disturbing is happening in American courts," says The Charlotte Observer in an editorial. Judicial nominees in Wisconsin, Iowa, and elsewhere are being targeted by "political partisans and religious pressure groups." That's wrong. We shouldn't pick judges based on their beliefs on abortion or religion or politics — what matters is that they know the law and apply it impartially.
"A recipe for an even more biased judiciary"
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Justices should be chosen by gubernatorial appointment: The "big-money political mud fest" in Wisconsin proves that the current system is broken, says Wisconsin's Journal-Sentinel in an editorial. It would be better to let governors appoint judges — but not "out of the blue" with "purely partisan or ideological motivations." Instead, a nonpartisan commission should nominate a pool of qualified candidates from which the governor could choose.
No, we just need to better educate the public: Face it, says James Wigderson at the MacIver Institute, "democracy is necessarily messy." And allowing a commission to decide which candidates are suitable to vote for would only make the system less accountable. "Just who watches the watchmen?" It would be far better to "work to convince the public of the criteria that should be used in selecting a Supreme Court justice," than to do away with judicial elections entirely.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Scientists want to fight malaria by poisoning mosquitoes with human blood
Under the radar Drugging the bugs
By Devika Rao, The Week US Published
-
Crossword: March 31, 2025
The Week's daily crossword
By The Week Staff Published
-
Sudoku medium: March 31, 2025
The Week's daily medium sudoku puzzle
By The Week Staff Published
-
The JFK files: the truth at last?
In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
By The Week Staff Published
-
'Seriously, not literally': how should the world take Donald Trump?
Today's big question White House rhetoric and reality look likely to become increasingly blurred
By Sorcha Bradley, The Week UK Published
-
Will Trump's 'madman' strategy pay off?
Today's Big Question Incoming US president likes to seem unpredictable but, this time round, world leaders could be wise to his playbook
By Sorcha Bradley, The Week UK Published
-
Democrats vs. Republicans: who are the billionaires backing?
The Explainer Younger tech titans join 'boys' club throwing money and support' behind President Trump, while older plutocrats quietly rebuke new administration
By Harriet Marsden, The Week UK Published
-
US election: where things stand with one week to go
The Explainer Harris' lead in the polls has been narrowing in Trump's favour, but her campaign remains 'cautiously optimistic'
By Harriet Marsden, The Week UK Published
-
Is Trump okay?
Today's Big Question Former president's mental fitness and alleged cognitive decline firmly back in the spotlight after 'bizarre' town hall event
By Harriet Marsden, The Week UK Published
-
The life and times of Kamala Harris
The Explainer The vice-president is narrowly leading the race to become the next US president. How did she get to where she is now?
By The Week UK Published
-
Will 'weirdly civil' VP debate move dial in US election?
Today's Big Question 'Diametrically opposed' candidates showed 'a lot of commonality' on some issues, but offered competing visions for America's future and democracy
By Harriet Marsden, The Week UK Published