When Elections Threaten the Rule of Law: The Good Governance Paradox of Judicial Elections

Voters in Des Moines, Iowa cast their ballots in the 2020 general election. (Phil Roeder, https://flic.kr/p/2k38V5Z; CC BY 2.0, https://creativecommons.org/licenses/by/2.0/)

State courts handle the preponderance of legal disputes in America. Federal courts have increasingly deferred to states to demarcate the scope of foundational rights, and decisions by these courts have substantial impact on how Americans order their affairs—from reproductive decisions to where to start a business.

 The growing practical significance of state courts will inevitably result in the public becoming …

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