State Supreme Court Races to Watch in 2026
Thirty-two states will hold elections for 65 seats on their highest courts this year. State supreme court elections have attracted unprecedented attention and spending in recent years, in large part due to U.S. Supreme Court rulings that have weakened or eliminated federal courts role in protecting many rights, abortion rights in particular. This rights gap has put a spotlight on the power state supreme courts have to interpret and apply state constitutional protections and other state laws.
This years elections will take place during a period of new intensity in state judicial politics. They follow a 2025 Wisconsin Supreme Court election, for example, that more resembled a competitive U.S. Senate race than a judicial election, with national headlines, a presidential endorsement, and interest groups and donors spending more than $100 million on the race. Television ads discussed abortion rights, trans healthcare, President Trump, and more. The election shattered spending and turnout records.
In 2026, state courts will play a key role in deciding legal questions in the leadup to the midterm elections including disputes about ballot measures, rules for voting by mail, and possibly even challenges to election results after the elections have taken place. With state high courts continuing to have the final word in many of the highest profile legal challenges of the day, increased attention on these courts is unlikely to dissipate any time soon.
The stakes are high in this years supreme court elections, as the outcomes will affect court decisions determining rights and protections under state law, and will determine if the several courts ideological majorities will be at stake in 2028.
SUMMARY:
Wisconsin
North Carolina
Michigan
Washington
Montana
Retention elections
https://statecourtreport.org/our-work/analysis-opinion/state-supreme-court-races-watch-2026