Justice Ginsburg discusses whether states can have different rules for judicial elections than political elections. She notes that states may want the judiciary to be “above the political fray.”

Pincus agrees that there can be different rules because of the different interests at issue—only judicial elections implicate the state’s interest in preserving impartiality in the judiciary. However, he argues that the state has inserted the judiciary into the political fray by choosing to elect judges. He also notes that Florida judicial candidates are allowed to write thank you notes to campaign contributors.