Why State Courts Matter: FAQ
State Courts: The Most Powerful Courts You’ve Probably Never Thought About
Here’s a fact most people don’t realize: State courts hear over 95% of all legal cases. That means whether it’s reproductive rights, voting laws, criminal justice, or LGBTQ+ protections, state judges are the ones making the call.
And unlike federal judges, many state judges are elected. So when you vote for state courts, you’re deciding who will interpret laws that directly affect your freedom, safety, and rights.
With extremists working overtime to strip away protections at the federal level, state courts are often the last line of defense. But they can also be used to take away rights — if we’re not paying attention.
Want to know how state courts shape your life — and how you can shape them? Scroll down to find out.
Why should I care about state courts?
State courts handle 95% of all legal cases — including abortion rights, voting laws, redistricting, and criminal justice. Even after the U.S. Supreme Court rules on an issue, state courts can still decide how those rulings apply locally.
State supreme courts are now the last line of defense for many rights that federal courts are stripping away.
Are state courts really that powerful?
Yes. Many of the biggest fights — abortion access, voting rights, and criminal justice reform — are being decided in state supreme courts, not the U.S. Supreme Court. The Dobbs decision didn’t ban abortion — it kicked the fight to state courts, where judges are deciding if bans hold.
How are state judges chosen?
It depends on the state. Judges can be:
- Elected by voters (in 39 states)
- Appointed by the governor
- Nominated by a commission and confirmed by the legislature
Trump allies are targeting state supreme courts, supporting far-right judges who will uphold abortion bans and suppress voting rights.
What threats do Trump judges and allies pose at the state level?
Trump loyalists are working to:
- Uphold abortion bans and block ballot measures to protect reproductive rights
- Allow voter suppression, making it easier to overturn results they don’t like
- Strip protections for trans youth and other marginalized communities
- Let police off the hook in cases of brutality and misconduct
Check out our hub that explores cases Trump judges have ruled on that negatively impact our daily lives, rights, and safety. [link]
What have state courts done recently that impact my rights?
To name a few:
- Overturned abortion protections in key states (e.g., South Carolina upheld a 6-week abortion ban).
- Blocked or upheld extreme gerrymandering (e.g., Ohio and North Carolina courts flipped on voting maps).
- Ruled on whether election results can be overturned (Trump allies tried this in 2020, and they’re setting up for 2024).
Check out our hub that explores cases Trump judges have ruled on that negatively impact our daily lives, rights, and safety. [link]
What happens if far-right judges take over more state courts?
- Abortion bans will be upheld, even if voters oppose them.
- State legislatures will get away with extreme voter suppression.
- Trans rights, labor rights, and public school protections will be rolled back.
This is already happening in states like Texas, Florida, and Georgia.
What can I do to protect my rights in state courts?
- Vote in judicial elections. Many state judges are elected, and their rulings impact your daily life.
- Know who’s on your ballot. Look up who’s running for your state’s courts and vote for fair-minded judges.
- Hold your governor accountable. Governors appoint judges in some states — make sure they’re appointing fair ones.
- Support state-level advocacy. Organizations fighting for reproductive justice, voting rights, and criminal justice reform need your voice.