Who’s to Judge? Protecting the Legitimacy of State Courts

This country is grappling with a crisis in our judiciaries. Many look to state constitutions and state courts to serve as a bulwark against a conservative supermajority at the U.S. Supreme Court whose hyper-partisan decisions have undermined fundamental rights, emboldened the conservative legal movement, and fomented a growing legitimacy crisis. But as we look to state judges to help preserve the rights and institutions fundamental to our democracy, they are facing their own threats from gerrymandered legislatures and from within their own judiciaries.

With the North Carolina Supreme Court potentially poised to override the will of voters and choose its own justice for itself, what steps can be taken to protect the legitimacy and independence of judiciaries throughout the country? Will the undermining of voting rights and the ideological weaponization of ethics rules and impeachment lead to weakened judiciaries that are unable to serve their core mission as protectors of the rule of law?

The American Constitution Society considered these and other looming challenges and the role each of us can play in protecting and strengthening our judiciaries during a February 19 panel.

Featuring:

Dawn Blagrove, Executive Director, Emancipate NC

Robyn Sanders, Assistant Federal Public Defender, Former Law Clerk to Justice Anita Earls, NC Supreme Court

Robert Yablon, Professor of Law and Faculty Co-Director of the State Democracy Research Initiative, University of Wisconsin-Madison Law School

Moderator:

Zack Gima, Vice President for Strategic Engagement, ACS