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A Portrait
Published online by Cambridge University Press: 27 February 2024
Chapter 3 provides a statistical portrait of the 2,103 cases concerning the selection of state judges identified in the research. This portrait includes the frequency of such litigation over time and across states, the issues raised in the litigation, and how those issues vary over time, across states, and by type of election used. The chapter includes a comparison of litigation in state courts versus federal courts, noting that federal litigation over state judicial selection is a relatively recent phenomenon and has been driven in significant part by the Voting Rights Act. Importantly, the vast majority of the litigation occurs in states using contested judicial elections to select and/or retain judges.
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