Democratic Backsliding in the American States: The Case of Judicial Independence

Abstract

With ever-increasing gridlock and polarization at the national level, many new policy changes in the United States have come at the state level. This includes legislation that restricts the right to vote, limits free speech and expression, and gerrymanders state legislative and congressional districts. A growing body of literature describes these changes, when taken together, as evidence of subnational democratic backsliding. Yet this literature largely ignores the effects of federalism on the structure of institutions within the states, particularly on judicial independence. In this article, I examine the relationship between measures of democracy and introduction of court-curbing legislation in the states. Focusing on instances of court packing, changing the methods of selection and retention, and impeachment, I show that heightened attacks on judicial independence are associated with other types of democratic backsliding.