Judicial Advertising

Judicial candidates, political parties, and interest groups have increasingly invested in television advertising to influence campaigns for the bench. During each election cycle since 2000, the Center has studied and published reports on the sources, costs, and content of those advertisements. We post video and storyboards of the ads, as well as weekly election-season press releases with analyses of the data and campaign commentary. We also analyzed television advertising about the nominees for U.S. Supreme Court in 2005.

Prior to the November 2008 election, the Brennan Center released real-time reports on television advertising in state Supreme Court elections. The 2008 reports continued the groundbreaking analysis first conducted in 2000 examining the sponsorship, content and costs of televised state Supreme Court campaign ads. Click here for more. 

    Caperton v. Massey

    Justice Brent Benjamin of the Supreme Court of Appeals of West Virginia refused to recuse himself from the appeal of a $50 million jury verdict in this case, even though the CEO of the lead defendant spent $3 million supporting his campaign. Did Benjamin’s failure to recuse violate the Due Process Clause?

    Adam Skaggs

    Nosiest, Nastiest, Costliest?

    Is it a constitutional problem if a judge presides over the case of a corporate CEO who spent three million dollars to elect the judge in question? The Supreme Court faced just this question last term…Now, less than a year later, the Supreme Court is poised to open the floodgates to a volume of corporate spending in judicial elections that could make three million dollars look like a drop in the bucket.

    Monique Chase

    Blankenship’s Unconvincing on Impartiality

    In a CNBC interview last week, Don Blankenship, CEO of Massey Energy Co., answered questions stemming from a recent decline in his company’s stock….

    Monique Chase

    Heck—Right to Take WI Legislature to Task

    In his Capital Times op-ed, Jay Heck takes shots at Wisconsin’s legislature for failing to act on a campaign finance reform bill, and accuses the group of quietly, “smothering it with a pillow”....

    More Blog Entries

    Illustrations by Risko

    Supreme Court Reverses Decision in Caperton v. Massey

    Major victory for the Rule of Law and Due Process with Supreme Court’s 5–4 vote.

    Jurists, Business Leaders, Reform Groups Join “Justice for Sale” Case

    High Court urged to require West Virginia judge’s recusal in suit involving campaign support.

    Cert Granted in WV Coal Mine Case

    Supreme Court to weigh in on money in the courtroom; grants cert in judicial elections case.

    More Press Releases

    Indiana Supreme Court Chief Justice’s Letter Responding to Indiana Right to Life

    Indiana Supreme Court Chief Justice Randall Shepard writes letter to Indiana Right to Life declining to answer its questionnaire.

    Selected Press and Commentary on Caperton v. Massey

    Stories covering the West Virginia case.

    Experience in Other States | Supreme Court Recusal Litigation

    James Sample speaking at the University of Washington School of Law on state Supreme Court elections.

    Buying Time—2008: Kentucky

    View ads and download storyboards from the state’s judicial election.

    More Analysis & Commentary