Courts & Justice · Report · File No. 261101-834
Tuesday's state supreme court races will shape abortion, voting and map fights
Twenty-seven states vote Tuesday on high-court seats, and the rulings those courts make shape abortion, voting and congressional maps. Democrats are looking past this year to 2028 for bigger gains.
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Voters in 27 states will decide state supreme court contests on Tuesday, according to the Bolts guide to the 2026 races 3. Across 32 states, 65 high-court seats are up this year, and 14 states hold yes-or-no retention votes on sitting justices 1. Abortion, redistricting and ballot access are the main issues 3.
We could not confirm total spending for this year's November races. Money has been enormous in recent contests, though. The 2025 Wisconsin race topped $100 million, which Ms. Magazine called the most expensive judicial election in U.S. history 2.
Where control could change
Montana is one of the states where an outright partisan or ideological flip is possible on Tuesday, and conservatives have an opportunity to erase the court's liberal lean 3. In 2025 the Montana court struck down a 20-week abortion ban and restrictions on medical abortion 2.
In North Carolina, Republicans hold a 5-2 majority. Democratic Justice Anita Earls faces Republican state Rep. Sarah Stevens 13. Even if Earls wins, control would not change this year. Three Republican-held seats are up in 2028, which is when Democrats could flip that court 1.
Washington has five of nine seats on the ballot, including two open seats 3.
Why the courts matter
In Michigan, six of the seven justices were endorsed by Democrats or appointed by a Democratic governor 1.
State courts have grown more important as federal courts pull back. Eric Holder Jr., who chairs the National Democratic Redistricting Committee, said that with the U.S. Supreme Court weakening the Voting Rights Act, state courts will again have to step in.
North Carolina shows how much is at stake. In 2022 a Democratic-majority court ruled that extreme partisan gerrymandering violated the state constitution, and the new map produced a 7-7 congressional delegation 2. After the court flipped in January 2023, its Republican justices ruled that the legislature can draw districts however it chooses. The state sent 10 Republicans and 4 Democrats to Congress in 2024 2.
That matters because these courts often have the final word. A state supreme court's reading of its own constitution generally cannot be appealed to federal courts. Abortion and map disputes can end there.
What happens next
Democrats will have an opportunity to flip North Carolina's court majority in 2028, when three Republican-held seats are up 1.
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Sources
- State Court Report (Brennan Center), “State Supreme Court Races to Watch in 2026” (2026-02-10). statecourtreport.org/our-work/analysis-opinion/state-supreme
- Ms. Magazine, “As Federal Courts Strip Away Rights, State Supreme Court Elections Take on New Urgency” (2026-10-02). msmagazine.com/2026/10/02/state-supreme-court-races-2026-ele
- Bolts, “Your State-by-State Guide to the 2026 Supreme Court Elections” (2026-11-01). boltsmag.org/your-state-by-state-guide-to-the-2026-supreme-c
Found an error? Tell the newsroom. Corrections are noted at the top of the story.
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