Illinois is one of the few states in the Midwest where abortion is still permitted, surrounded by states that outlawed the procedure after Roe v. Wade was overturned.
Supporters of abortion rights are concerned it may not continue. At least a dozen states share their concern, and this year it extends beyond state legislatures. In Illinois, where Democrats have a supermajority, it is anticipated that the
Democratic governor will be reelected.
Instead, the Illinois Supreme Court, where Democrats presently enjoy a 4-3 majority, may be about to change hands in favor of Republicans. Due to the fact that two seats will be up for election in November, organizations who would typically focus their time and resources on other offices will now concentrate on the judicial races.
According to Terry Cosgrove, president and chief executive officer of Personal PAC, an organization that supports abortion rights and has endorsed the two Democrats running for the high court, "those are the only things we're focused on because whoever wins control of the court will decide whether abortion remains legal in Illinois."
Other states with controversial high court races on the ballot this year are experiencing the same situation. State judicial races have gained even more significance for Democratic organizations fighting to defend abortion rights since the U.S. Supreme Court invalidated Roe.
According to Sarah Standiford, national campaigns director for Planned Parenthood Action Fund, "it's more obvious that the way access is playing out is at the state level, which puts the role of the court in striking focus."
The engagement of the groups in previously low-stakes judicial elections in places like Illinois, Michigan, and Ohio serves as a preview of this trend.
As she campaigns against Republican Justice Michael Burke in a redistricted district for the position currently held by a retiring Democratic justice in Illinois, Appellate Court Justice Mary Kay O'Brien is addressing issues related to abortion rights.
In a recently released advertisement for O'Brien, it is stated that "women's ability to choose in Illinois is now in jeopardy with Roe v. Wade being overturned."
Republican former sheriff Mark Curran and Democrat judge Liz Rochford are vying for a court seat that now belongs to a Republican and covers counties northwest of Chicago. When Curran ran unsuccessfully for the Senate two years ago, he bragged about his hostility to abortion rights.
The Brennan Center for Justice at New York University's law school estimates that during the 2019–2020 election cycle, almost $97 million was spent on state supreme court elections. In the states that the right and left are pursuing, spending records may be broken this year.
One organization that promotes access to abortion is Alliance for Justice Action Campaign. It intends to contact Ohio, North Carolina, and Michigan voters.
According to Jake Faleschini, the organization's legal director for state courts, "We were already planning to be involved in these states, but Dobbs has heightened our interest and heightened our sense of purpose and sense of mission on it." Faleschini was referring to the U.S. Supreme Court decision.
The significance of the elections was recently highlighted when the Michigan Supreme Court, where Democratic appointees control a razor-thin majority, reversed a state certification board's decision and authorized the November balloting of a constitutional amendment guaranteeing abortion rights. Although Michigan elections are considered to be nonpartisan, candidates are nominated by the major parties in the state. Both Republican Justice Brian Zahra and Democratic-backed Justice Richard Bernstein, who joined the court's majority in voting to place the abortion rights amendment on the ballot, are up for reelection.
Paul Hudson was also a nominee for the Republican Party, while Kyra Bolden was a nominee for the Democrats. In the five-candidate race, the top two finishers are given seats.
The Roe ruling has angered people in Michigan. And I believe they will turn to the Supreme Court when seeking out locations to exercise their right to vote, according to Lavora Barnes, chair of the state Democratic Party.
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