Ms. Magazine: State Courts Hold the Power to Free Us Or Erase Us
This excerpt is from a piece that originally ran on August 30, 2025.
They may hide behind super PACs and “judicial impartiality,” but there is a distinct playbook: Flood the courts with extremists, then shield them with claims of neutrality. Hijack the language of democracy and weaponize it to attack “activist judges.” Use dog whistles like “law and order” to justify criminalizing dissent. Let’s be clear. When Elon Musk tweets that a woman running for judge is an “activist,” he’s trying to discredit her before she can rule against corporate power. When Trump loyalists gut judicial ethics rules, they aren’t just bending the law. They are rewriting the rules of power.
Their agenda is to dismantle constitutional protections, disempower communities of color, and consolidate white moneyed interests. And it’s working. Today, nearly 60 percent of state supreme court justices were appointed by Republican governors, according to Alliance for Justice. Most of these courts now lean conservative, marking a dramatic shift from decades ago. These are the same courts that determine whether trans people are protected under the law, whether corporations can pollute without consequence, and whether communities can hold police accountable. If your fight for justice ends in front of a state court judge, the odds are already stacked against you.