Hostname: page-component-78c5997874-xbtfd Total loading time: 0 Render date: 2024-11-09T08:12:11.204Z Has data issue: false hasContentIssue false

What Price Justice(s)? Understanding Campaign Spending in State Supreme Court Elections

Published online by Cambridge University Press:  25 January 2021

Chris W. Bonneau*
Affiliation:
University of Pittsburgh

Abstract

Among the least-researched American elections are those for seats on the states' supreme courts, arguably some of the most important political positions in the states. We know not only that campaign spending in these races has increased sharply in the past 20 years but also that there is great variation in spending among them. What factors cause campaign spending to vary among races for the states' highest courts? And what can an understanding of campaign spending in these races tell us about campaign spending for other offices? I use data from 281 state supreme court races in 21 states from 1990 to 2000 to answer these questions. I find that state supreme court campaign spending is driven by the characteristics of the race, institutional arrangements, and the electoral and state supreme court context.

Type
Research Article
Copyright
Copyright © 2005 by the Board of Trustees of the University of Illinois

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Bonneau, Chris W. N.d. “Electoral Verdicts: Incumbent Defeats in State Supreme Court Elections.” American Politics Research. Forthcoming.Google Scholar
Bonneau, Chris W. 2004. “Patterns of Campaign Spending and Electoral Competition in State Supreme Court Elections.” Justice System Journal 25:2138.Google Scholar
Bonneau, Chris W., and Hall, Melinda Gann. 2003. “Predicting Challengers in State Supreme Court Elections: Context and the Politics of Institutional Design.” Political Research Quarterly 56:337–49.CrossRefGoogle Scholar
Burbank, Stephen B., and Friedman, Barry. 2002. “Reconsidering Judicial Independence.” In Judicial Independence at the Crossroads: An Interdisciplinary Approach, eds. Burbank, Stephen B. and Friedman, Barry. Thousand Oaks, CA: Sage.Google Scholar
Brace, Paul, and Hall, Melinda Gann. 1990. “Neo-Institutionalism and Dissent in State Supreme Courts.” Journal of Politics 52:5470.CrossRefGoogle Scholar
Brace, Paul, and Hall, Melinda Gann. 1995. “Studying Courts Comparatively: The View from the American States.” Political Research Quarterly 48:529.CrossRefGoogle Scholar
Brace, Paul, and Hall, Melinda Gann. 1997. “The Interplay of Preferences, Case Facts, Context, and Structure in the Politics of Judicial Choice.” Journal of Politics 59:1206–31.CrossRefGoogle Scholar
Brace, Paul, and Hall, Melinda Gann. 2001. “‘Haves’ versus ‘Have Nots’ in State Supreme Courts: Allocating Docket Space and Wins in Power Asymmetric Cases.” Law and Society Review 35:393417.CrossRefGoogle Scholar
Campbell, Linda. 2002. “An Absurd System Gets Even Worse,” Dallas-Fort Worth Star-Telegram, 21 November, 11.Google Scholar
Coleman, John J., and Manna, Paul F.. 2000. “Congressional Campaign Spending and the Quality of Democracy.” Journal of Politics 62:757–89.CrossRefGoogle Scholar
Davidson, Bruce. 2001. “Top Justice Sees Need for More Reform,” San Antonio Express-News, 11 November, 2G.Google Scholar
Gierzynski, Anthony. 1998. “A Framework for the Study of Campaign Finance.” In Campaign Finance in State Legislative Elections, eds. Thompson, Joel A. and Moncrief, Gary F.. Washington, DC: CQ Press.Google Scholar
Gierzynski, Anthony, and Breaux, David A.. 1991. “Money and Votes in State Legislative Elections.” Legislative Studies Quarterly 16:203–17.CrossRefGoogle Scholar
Glaberson, William. 2000a. “Fierce Campaigns Signal a New Era for State Courts,” The New York Times, 5 June, A1.Google Scholar
Glaberson, William. 2000b. “State Chief Justices Plan to Meet on Judicial Candidates' Abuses,” The New York Times, 8 September, A14.Google Scholar
Green, Donald Philip, and Krasno, Jonathan S.. 1988. “Salvation for the Spendthrift Incumbent: Reestimating the Effects of Campaign Spending in House Elections.” American Journal of Political Science 32:884907.CrossRefGoogle Scholar
Hall, Melinda Gann. 2000. State Supreme Court Elections Data, 1990-1995. East Lansing, MI: Michigan State University.Google Scholar
Hall, Melinda Gann. 2001. “State Supreme Courts in American Democracy: Probing the Myths of Judicial Reform.” American Political Science Review 95:315–30.CrossRefGoogle Scholar
Hall, Melinda Gann, and Brace, Paul. 1989. “Order in the Courts: A Neo-Institutional Approach to Judicial Consensus.” Western Political Quarterly 42:391407.CrossRefGoogle Scholar
Hall, Melinda Gann, and Brace, Paul. 1992. “Toward an Integrated Model of Judicial Voting Behavior.” American Politics Quarterly 20:147–68.CrossRefGoogle Scholar
Hall, Melinda Gann, and Brace, Paul. 1999. “State Supreme Courts and Their Environments: Avenues to General Theories of Judicial Choice.” In Supreme Court Decision-Making: New Institutionalist Approaches, eds. Clayton, Cornell W. and Gillman, Howard. Chicago: University of Chicago Press.Google Scholar
Heckman, James J. 1979. “Sample Selection Bias as a Specification Error.” Econometrica 47:153–62.CrossRefGoogle Scholar
Hogan, Robert E. 2000. “The Costs of Representation in State Legislatures: Explaining Variations in Campaign Spending.” Social Science Quarterly 81:941–56.Google Scholar
Hogan, Robert E., and Hamm, Keith E.. 1998. “Variations in District-Level Campaign Spending in State Legislatures.” In Campaign Finance in State Legislative Elections, eds. Thompson, Joel A. and Moncrief, Gary F.. Washington, DC: CQ Press.Google Scholar
Holbrook, Thomas M., and Dunk, Emily Van. 1993. “Electoral Competition in the American States.” American Political Science Review 87:955–62.CrossRefGoogle Scholar
Jacobson, Gary C. 1980. Money in Congressional Elections. New Haven, CT: Yale University Press.Google Scholar
Jacobson, Gary C. 1985. “Money and Votes Reconsidered: Congressional Elections, 1972-1982.” Public Choice 47:762.CrossRefGoogle Scholar
Jacobson, Gary C. 1997. The Politics of Congressional Elections, 4th ed. New York: Longman.Google Scholar
Lewis, Neil A. 2002. “Donations in State Judicial Campaigns Show Sharp Increase,” The New York Times, 14 February, A29.Google Scholar
Marks, Lynn. 2001. “Perspectives: Odor in the Courts,” Pittsburgh Post-Gazette, 5 November (http://www.post-gazette.com/forum/20011105edmark05p4.asp).Google Scholar
Neff, Erin. 2002. “Symposium Offers No Clear Answer to Judicial Elections,” The Las Vegas Sun, 11 December (http://www.lasvegassun.com/sunbin/stories/text/2002/dec/11/514370671.html).Google Scholar
Partin, Randall W. 2002. “Assessing the Impact of Campaign Spending in Governors' Races.” Political Research Quarterly 55: 213–33.Google Scholar
Phillips, Thomas R. 2002. “When Money Talks, the Judiciary Must Balk,” Washington Post, 14 April, B2.Google Scholar
Pittsburgh Post-Gazette. 2001. “Editorial: Throw out the Baby—Abolish Judicial Elections, Not Contributions,” Pittsburgh Post-Gazette, 17 January (http://www.post-gazette.com/forum/20010117edjudge2.asp).Google Scholar
Republican Party of Minnesota v. White. 2002. 247 F. 3d 854.Google Scholar
Schotland, Roy A. 1985. “Elective Judges' Campaign Financing: Are State Judges' Robes the Emperor's Clothes of American Democracy.” Journal of Law and Politics 2:57167.Google Scholar
Schotland, Roy A. 2001. “Financing Judicial Elections, 2000: Change and Challenge.” The Law Review of Michigan State University—Detroit College of Law 2001(3):849–99.Google Scholar
Sorauf, Frank J. 1988. Money in American Elections. Glenview, IL: Scott, Foresman.Google Scholar
Squire, Peverill. 1989. “Challengers in U.S. Senate Elections.” Legislative Studies Quarterly 14:531–47.CrossRefGoogle Scholar
Webster, Benjamin A., Wilcox, Clyde, Herrnson, Paul S., Francia, Peter L., Green, John C., and Powell, Lynda. 2001. “Competing for Cash: The Individual Financiers of Congressional Elections.” In Playing Hardball: Campaigning for the U.S. Congress, ed. Herrnson, Paul S.. Upper Saddle River, NJ: Prentice Hall.Google Scholar
Wickline, Michael R. 2001. “Arkansas Faces Shift in Judicial Elections,” Arkansas Democrat-Gazette, 20 May (http://www.ardemgaz.com/week/Sun/ark/Blyjudicialwk20.asp).Google Scholar
Wohl, Alexander. 2000. “Justice for Rent: The Scandal of Judicial Campaign Financing.” American Prospect 11(13):34–7.Google Scholar