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Ballotpedia Courts: State Partisanship/The Most and Least Divided State Supreme Courts
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June 2020
The primary factor in determining the most and least divided state supreme courts in the country is whether the court is split or has a majority of one party on the court. Secondarily, we consider the difference between the low score and the high score of justices on the court, the ratio of justices with strong partisan Confidence Scores to justices with indeterminate Confidence Scores, and the ratio of justices with Democratic and Republican Confidence Scores on the court.
Jump to:
- The Least Homogeneous State Supreme Courts
- The Most Homogeneous State Supreme Courts
- The Percentage of the Population that Lives in States with Democratic- or Republican-Controlled Courts
The Least Homogeneous State Supreme Courts
The least homogeneous state with a majority of Democratic-affiliated justices is Illinois, which has four justices with Democratic Confidence Scores and three justices with Republican Confidence Scores.
The least homogeneous states with a majority of Republican-affiliated justices are Michigan, Tennessee, and West Virginia. Michigan has four justices with Republican Confidence Scores and three justices with Democratic Confidence Scores. Tennessee has three justices with Republican Confidence Scores and two justices with Democratic Confidence Scores.
| State | Number of Justices with Republican Confidence Scores | Number of Justices with Democratic Confidence Scores | Average of Confidence Scores |
| Michigan | 4 | 3 | 3.7 |
| Illinois | 3 | 4 | -4 |
| New Jersey | 4 | 2 | 1 |
| Tennessee | 3 | 2 | 1.8 |
| Vermont | 2 | 1 | -1.2 |
In Michigan, there are four justices with Strong Republican Confidence Scores on the state supreme court, one justice with a Strong Democratic Confidence Score, and two justices with Mild Democratic Confidence Scores. The difference between the high and low scores in Michigan is 25. Michigan justices are chosen through the Michigan-Ohio Method[1] of selection.
In Illinois, there are three justices with Mild Republican Confidence Scores on the state supreme court, three justices with Strong Democratic Confidence Scores, and one justice with a Mild Democratic Confidence Score. The difference between the high and low scores in Illinois is 23. Illinois justices are chosen through Partisan Election.
In New Jersey, there are four justices with Mild Republican Confidence Scores on the state supreme court, two justices with Mild Democratic Confidence Scores, and one justice with an Indeterminate Confidence Score. The difference between the high and low Confidence Scores in New Jersey is 18. New Jersey justices are chosen through Direct Gubernatorial Appointment.
In Tennessee, there are three justices with Mild Republican Confidence Scores and two justices with Mild Democratic Confidence Scores on the state supreme court. The difference between the high and low scores in Tennessee is 12. Tennessee justices are chosen through Direct Gubernatorial Appointment.
In Vermont, there is one justice with a Mild Republican Confidence Score on the state supreme court, one justice with a Strong Democratic Confidence Score, and two justices with Indeterminate Confidence Scores. The gap between the high and low Confidence Scores in Vermont is 20. Vermont justices are chosen through Assisted Appointment through a Hybrid Commission.
The split states with two or more justices with Indeterminate Confidence Scores are Kentucky, Maryland, Massachusetts, Montana, Nevada, New Hampshire, and Vermont. Of these states Kentucky, Maryland, and Montana had the greatest number of indeterminate justices, with three.
The Most Homogeneous State Supreme Courts
Alabama, Florida, Indiana, Idaho, South Dakota, Texas, and Wyoming only have justices with Republican Confidence Scores serving on the court.
Oregon only has justices with Democratic Confidence Scores on its supreme court. Delaware, Hawaii, New Mexico, New York, North Carolina, and Washington each have all but one justice with Democratic Confidence Scores.
The Percentage of the Population that Lives in States with Democratic- or Republican-Controlled Courts
Our data revealed trends in the distribution of the population across the country that closely tracked with the breakdown of partisan control over state supreme courts.
| Party | Number of State Courts Controlled | Percentage of State Courts Controlled | Number of Justices Across All States | Percentage of Justices Across All States | Percentage of Citizens Who Live in a State with Partisan Leaning | Percentage of Citizens Who Live in a State with Partisan Majority |
| Democrat | 15 | 30% | 113 | 33.10% | 42.30% | 39.90% |
| Republican | 27 | 54% | 179 | 52.50% | 57.70% | 51.10% |
| Indeterminate | 8 | 16% | 49 | 14.40% | 0% | 9% |
On 15 (30%) state supreme courts, justices with Democratic Confidence Scores make up a majority of the justices. There are 113 justices with Democratic Confidence Scores (33.1%) in the country. Of the U.S. population, 42.3% of citizens live in states which have a court with a Democrat Court Balance Score, and 39.9% live in a state which has a majority of justices with Democratic Confidence Scores on the court.
On 27 (54%) state supreme courts, justices with Republican Confidence Scores make up a majority on the state supreme court. There are 179 (52.5%) justices with Republican Confidence Scores in the country. Of the U.S. population, 57.7% of citizens live in states with a Republican Court Balance Score, and 51.1% of citizens live in a state which has a majority of justices with Republican Confidence Scores on the court.
On eight courts (16%) neither do justices with Democratic Confidence Scores nor justices with Republican Confidence Scores occupy a majority of the court. Forty-nine justices (14.4%) recorded an Indeterminate Confidence Score, and 9% of citizens live in a state with a split court, or a court with a majority of justices with indeterminate partisan leanings.
About the authors
Samuel Postell is a staff writer on Ballotpedia's Marquee Team and a lecturer at the University of Dallas.
Luke Seeley is a staff writer on Ballotpedia's Marquee Team.
Heidi Jung developed the graphics.
Ballotpedia CEO Leslie Graves, Ballotpedia COO Gwen Beattie, Editor-in-Chief Geoff Pallay, and Ballotpedia Vice President of external relations Alison Prange reviewed the report and provided feedback as did editor Cory Eucalitto. Outside reviewers included Dr. G. Alan Tarr from Rutgers University, and Dr. Aman McLeod from the University of Idaho College of Law.
Footnotes
- ↑ The Michigan-Ohio mode of selection includes a partisan primary election followed by a nonpartisan general election. Only Michigan and Ohio use this mode of selection.
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