From Ms. Magazine <[email protected]>
Subject Ms. Memo: State courts hold the power to free us—or erase us
Date September 3, 2025 1:01 PM
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[[link removed]] Ms. Memo: This Week in Women's Rights
September 3, 2025
From the ongoing fight for abortion rights and access, to elections, to the drive for the Equal Rights Amendment, there are a multitude of battles to keep up with. In this weekly roundup, find the absolute need-to-know news for feminists.
State Courts Hold the Power to Free Us Or Erase Us [[link removed]]
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(Anthony Devlin / Getty Images)
By Mercedes Fulbright and Sandra Castro Solís | While national headlines fixate on the U.S. Supreme Court, state courts shape nearly every part of our lives. From traffic violations and business disputes to child custody and criminal charges, an estimated 95 percent of all legal cases in the United States are handled in state courts.
State courts decide whether you can access abortion care, whether your protest leads to jail time, whether you keep custody of your child and whether your gender identity is protected or punished. Despite their vast power, state courts remain one of the most overlooked battlegrounds—and opportunities—in the fight for justice. As organizers, we’ve seen the cost of that neglect. Now we’re calling on progressive movements to treat state courts not as a footnote, but as a headline.
This fight won’t be easy. Conservatives dedicated decades to capturing the courts and building an infrastructure of power that operates behind the scenes. Since the 1980s, the Federalist Society has cultivated a pipeline of judges to dominate the federal judiciary, including all three of Trump’s Supreme Court picks. By the mid-2000s, this strategy pivoted to state courts. Backed by a coordinated dark-money agenda, billionaires like Leonard Leo and the Koch network funneled billions into reshaping state courts to serve their political interests.
They may hide behind super PACs and “judicial impartiality,” but there is a distinct playbook: Flood the courts with extremists, then shield them with claims of neutrality. Hijack the language of democracy and weaponize it to attack “activist judges.” Use dog whistles like “law and order” to justify criminalizing dissent. Let’s be clear. When Elon Musk tweets that a woman running for judge is an “activist,” he’s trying to discredit her before she can rule against corporate power. When Trump loyalists gut judicial ethics rules, they aren’t just bending the law. They are rewriting the rules of power.
Their agenda is to dismantle constitutional protections, disempower communities of color, and consolidate white moneyed interests. And it’s working. Today, nearly 60 percent of state supreme court justices were appointed by Republican governors, according to Alliance for Justice. Most of these courts now lean conservative, marking a dramatic shift from decades ago. These are the same courts that determine whether trans people are protected under the law, whether corporations can pollute without consequence, and whether communities can hold police accountable. If your fight for justice ends in front of a state court judge, the odds are already stacked against you.
(Click here to read more) [[link removed]]
Read more:
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How Texas Abortion Restrictions Are Driving Doctors Away: ‘By Following the Law, I Was Doing the Wrong Thing Medically’ [[link removed]] Illinois Becomes First Midwest State to Require University Health Centers to Offer Abortion Pills [[link removed]]
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The Promise of the Equal Rights Amendment Is More Urgent Than Ever [[link removed]] Trump’s Pronatalist Agenda Weaponizes Motherhood to Push Women Out of Public Life [[link removed]]
What we're reading:
Because it's hard to keep up with everything going on in the world right now. Here's what we're reading this week:
* "Gender Apartheid as an International Crime: Taliban Oppression in Afghanistan Triggers Campaign" — Georgetown Journal of International Affairs [[link removed]]
[link removed] [[link removed]] Listen to the latest podcast from Ms. Studios! The latest episode of Looking Back, Moving Forward is out now on Apple Podcasts [[link removed]] + Spotify [[link removed]] .
This episode traces 50-plus years of feminist writing and advocacy focused on naming, confronting, and preventing sexual harassment, rape culture and intimate partner violence—and the urgency of acknowledging the violence of patriarchy, white supremacy and other social forces in our everyday lives and building a future without fear.
We hope you'll listen, subscribe, rate and review today!
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