Judicial Hub

By Electoral Eagle, Published Oct. 31st, 2025

In this election season, there are 7 state supreme court justices on the line despite them not being on the ballot.

Introduction

In about four days, voters in both New Jersey and Virginia will have one last opportunity to voice their opinion on a range of offices. Two million voters already have. Political commentators might say they are only voting for the people on the ballot. As this article will discuss, their state supreme courts are on the ballot, too. You just need to peel back the sticker.

New Jersey

First, New Jersey. In about 4 days, it is election day, the last day of the season, where hundreds of thousands of people are expected to vote in person for candidates for the governorship and the state Assembly (among other offices). For this article, however, the governorship is the focus. Currently, Democratic candidate Mikie Sherrill is polling ahead by mid-single digits against Republican candidate Jack Ciattarelli. Five separate nonpartisan organizations have rated this race from “Lean D” to “Likely D”. Despite the lack of attention, the fate of the state’s highest court lies in this race.

Why does this matter for the state’s Supreme Court? Because, like most states, the governor has the sole power of nominating a justice, with the state Senate having the power to “advise and consent” to them (article 6, section 6). If a nominee survives the Senate gauntlet, they serve a term of 7 years. After 7 years, if they are reappointed, they “shall hold their offices during good behavior” (article 6, section 6). In other words, they serve indefinitely until the mandatory retirement age of 70. A quirk, so to speak, of this system is an unwritten tradition of keeping one party’s majority at a maximum of 4 out of the 7 seats and appointing (or reappointing) a justice who shares the same ideology as the outgoing justice. For the most part, the tradition is followed by governor after governor. Governor Chris Christie (R) was the exception, however. He broke the tradition by refusing to reappoint John E. Wallace Jr., instead opting to appoint Anne M. Patterson. This resulted in significant tension between the Senate and the Governor that lasted for years.

Moving back to the focus of this article, there will be at least 4 justices up during either Sherrill’s or Ciattarelli’s time as governor. The justices are evenly divided by party. However, Justice Patterson, as discussed earlier, is the only one who cannot be reappointed, as she is nearing 70 years old and will turn 70 in 2029. Douglas M. Fasciale is the other Republican. Fabiana Pierre-Louis and Rachel Wainer Apter are Democrats. All of them, aside from Wainer Apter, received overwhelming bipartisanship during their confirmation. You can view some information about them below. If the future governor follows tradition, all 3 would be reappointed, but that may very well not happen.

Throughout the campaigns, both candidates expressed different views of the traditions surrounding the court. Sherrill has stated that she will continue to follow the tradition with a slight twist. She says that she will only nominate those who are pro-choice. Ciattarelli, on the other hand, calls it a “failed tradition” (includes it on his campaign website) and says he will end the tradition. He goes as far as to say he would only appoint justices who agree with him. This, of course, has implications for when the court justices’ term comes up. It seems that Sherrill, out of the 2, would be more likely to keep the status quo, with a possible exception of Patterson’s seat. On the other hand, Ciattarelli may not reappoint either of the 2 Democrats and instead opt for conservative justices. This would flip the court’s balance to conservatives. This tactic would, of course, face a brick wall of the Democratic Senate. Tension between the branches may very well echo Governor Chris Christie’s term. Ultimately, Ciattarelli could set the high court on a more rightward path, especially on topics like abortion, parental rights, and housing.

Virginia

Moving on to Virginia, the ballot boxes are currently filled with votes for different candidates in different races. The focus of this article will be on the governorship and the House of Delegates (Virginia’s version of the House of Representatives). Currently, it is widely expected that Democrats will gain the governorship after Gov. Youngkin’s single term and increase their seats in the state house. For example, State Navigate, a Virginia-based organization, rates the governorship race as “Solid D.”

Again, why does this matter for the state’s highest court? In Virginia, the General Assembly appoints state Supreme Court justices through elections in each house that require only a simple majority, except for vacancies that happen between sessions (Article 6, section 7). When that occurs, the governor can temporarily fill the vacancy. The General Assembly often elects a justice before the seat actually becomes vacant. For example, S. Bernard Goodwyn, the Chief Justice, already has a successor (Junius Fulton). As for the court itself, it is known to be quite nonpartisan. It might be one of the most nonpartisan state supreme courts in the country! The General Assembly recognizes this and generally respects it, but not always.

Looking ahead, the General Assembly will fill at least three Supreme Court seats under the next Governor: D. Arthur Kelsey, Stephen R. McCullough, and Teresa M. Chafin. The next justices would serve 12-year terms (unless they turn 73 earlier). D. Arthur Kelsey’s term expires in January 2027, Stephen R. McCullough’s in March 2028, and Teresa M. Chafin’s in 2031. However, since she is 70, she will need to retire in three years. Below, you can find more information about these justices. In August, I tried to assess each justice’s ideology. Ultimately, I identified four conservatives, as best as I could. If voters keep Democrats in control of the House of Delegates, the Democratic legislature can appoint successors for three of them without needing Republican votes, potentially shifting the court toward a more liberal stance. This could significantly influence how the highest court rules. Conversely, if voters give Republicans control of the House of Delegates, both parties will need to cooperate, which would require some compromises.