Downballot races include several judicial shuffles
Voters are choosing more than their parties' presidential nominees tonight. In five Super Tuesday states, they're also deciding on candidates for statewide and local offices. Several consequential judicial elections are being held tonight, for positions on state supreme courts in Alabama, Arkansas and Texas, and on the Criminal Court of Appeals in Texas.
In Arkansas, nonpartisan general elections are being held to fill two vacancies on the Supreme Court, creating a game of musical chairs among the sitting justices that could potentially accelerate the already-conservative court's rightward shift. Chief Justice Dan Kemp is stepping down, and three of the four candidates running to replace him are already sitting on the court, while another sitting justice is angling to move to a different open seat on the court. The shuffle could leave two vacancies that would allow conservative Gov. Sarah Huckabee Sanders to name replacements to finish their terms.
Alabama's Supreme Court Chief Justice Tom Parker, who recently made waves nationally with a ruling that frozen embryos used for IVF are children, is also retiring because of the state's mandatory retirement age. Two candidates are running for the Republican nomination to replace him: sitting Associate Justice Sarah Stewart (who had to give up her seat to run for the top slot) and former state Senator Bryan Taylor. While Stewart joined the 8-1 majority opinion in the IVF case and both candidates have defended the decision, Taylor has claimed that Stewart is the "most liberal" justice on the all-Republican court, and received a huge influx of outside spending from conservative anti-abortion group Fair Courts America. Whoever wins will likely face (and defeat) Democrat Greg Griffin>) in the general election.
In Texas, Supreme Court Justice John Devine is facing a primary challenger who has questioned his ethics, but a bigger political feud is playing out in other races. Allies of Republican Attorney General Ken Paxton are funding primary challengers to three Criminal Court of Appeals judges who ruled against him in a voter fraud decision, limiting his power to prosecute those cases. And as Nathaniel noted earlier, Paxton, who had been accused of abusing power to protect a political donor, has also endorsed primary challengers against 34 of the 60 Republican legislators who voted to impeach him last year.
—Monica Potts, 538