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The voters win — this time
Editorial, The Courier-Journal, August 9, 2014
The Clay Bennett cartoon accompanying this Forum Flash ought to be resonating with Tennessee voters right about now — especially the ones who weren't keen on the fact that three of their state Supreme Court justices had been targeted by conservatives in a lavishly funded and partisan move to drive them out of their non-partisan seats in Thursday's elections.
The Republican lieutenant governor of the Volunteer State, as well as two groups supported by the Koch brothers and the Republican State Leadership Committee, brayed loud in radio interviews with Laura Ingraham and often in TV spots that Chief Justice Gary R. Wade and Justices Cornelia A. Clark and Sharon G. Lee were too liberal, too soft on crime and too aligned with Obamacare (even though the justices had never ruled on the law).
Almost $1.5 million was spent by the parties who wanted to get rid of the justices, and those who wanted to save them.
A funny thing happened on the way to the ballot box: Tennessee voters got in the way of the dream to oust the justices. All three were retained.
Justice Clark said, per The New York Times, "We have shown citizens of this state and other states that we can't be bought, that we want fair and impartial courts and that we do not want any outside people messing with the judicial system in Tennessee." She added that she hoped the hard work that went into pushing back "will discourage people from unfairly going after other justices."
Wishing won't make it so. In its coverage of the races, The Tennessean reported, "Tracey George, professor of law and political science at Vanderbilt University, said national partisan groups are spending more on statewide judicial elections, finding it easier to influence courts than state legislators. That's something that Tennessee should expect to see more of in the future. 'You can move the electorate — this is a significant change for a relatively small amount of money,' she said. 'I think we'll see more money come in.' "
Unless — as happened this time — the number of votes trumps the amount of money. Voters, it's always up to you.
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