Legislators in 35 states introduced bills that would weaken the power and independence of state courts.
Legislative efforts to weaken state courts
Jan 1 - Dec 10, 2021
Source: Brennan Center for Justice.
State judiciaries constitute a critically important institution within American democracy, handling more than 90% of all cases in the United States.1 Like many public services, state courts have been impacted greatly by the pandemic and, in many cases, have had to rapidly change operations including adopting new technologies like teleconferencing and e-filings at unprecedented speed and scale.2 At the same time, legislators have targeted state courts across the country.
In 2021, legislators introduced more than 150 bills in 35 states that would weaken the power and independence of state courts, more than any year in recent decades.3 These bills included legislative efforts such as limiting judicial review of state election laws, gerrymandering or creating new courts, and limiting the enforcement of court rulings on particular issues. Of these, legislators successfully passed laws weakening state judiciaries in 14 states.
In North Carolina, these efforts have been heightened by an ongoing legal battle over redistricting. In March, state lawmakers asked the U.S. Supreme Court to curtail state courts’ powers to intervene in the drawing of congressional districts, despite longtime reluctance from the U.S. Supreme Court to weigh in on redistricting issues, including a 2019 decision that federal courts cannot review partisan gerrymandering claims.4,5
“State or Federal Court?” Singh, Corriher. Center for American Progress. August, 2016. https://www.americanprogress.org/article/fact-sheet-state-or-federal-court/
“How Courts Embraced Technology, Met the Pandemic Challenge, and Revolutionized Their Operations”. Rickard. Pew Trusts. December, 2021. https://www.pewtrusts.org/en/research-and-analysis/reports/2021/12/how-courts-embraced-technology-met-the-pandemic-challenge-and-revolutionized-their-operations
“Legislative Assaults on State Courts – December 2021 Update”. Berry, Bannon, and Keith. Brennan Center for Justice. December, 2021. https://www.brennancenter.org/our-work/research-reports/legislative-assaults-state-courts-december-2021-update#ch7
“GOP appeal seeks to curb state court power over congressional maps”. Drew. PBS. March, 2022. https://www.pbs.org/newshour/politics/gop-appeal-seeks-to-curb-state-court-power-over-congressional-maps
“Supreme Court OK’s Partisan Gerrymandering. Vogeler. FindLaw. June, 2019. https://www.findlaw.com/legalblogs/supreme-court/supreme-court-oks-partisan-gerrymandering/