In Columbia, South Carolina, a pivotal legal showdown is underway as the state’s distinctive method of appointing judges enters one of its most significant phases in over ten years.

South Carolina is one of only two states where judges are not elected by the public or appointed by the governor. Instead, a legislative process predominantly controls these appointments.

With more than 25 judicial positions available, including a hotly contested seat on the South Carolina Supreme Court that could shape the court’s direction for many years, all eyes are on the Judicial Merit Selection Commission (JMSC).

This 12-member body, comprising lawmakers, appointees by the governor, and legal professionals, conducts interviews, scrutinizes candidates’ backgrounds, and decides which individuals are deemed “qualified” to move forward.

Following the JMSC’s evaluation, the General Assembly holds an election to fill these judicial positions.

The year’s most closely watched race is for a seat on South Carolina’s highest court.

Justice John Cannon Few, the incumbent, is seeking another 10-year term and faces three challengers: former House Speaker Jay Lucas, Judge Ralph “Tripp” Anderson and Judge Blake Hewitt.

Although several candidates are competing, two have emerged as central figures.

Justice Few, who has served on the Supreme Court since 2016 and previously led the state Court of Appeals as a chief judge. If reelected, he could be poised to become the next chief justice when Chief Justice Kittredge retires in three years.

Though Jay Lucas brings decades of legal and legislative experience, he does not have much of a judicial background. He argued that his resume still makes him a strong contender, adding that only a small portion of the JMSC’s application focuses on judicial experience, while the majority centers on legal qualifications; an area he believes he is well-equipped.

But the spotlight remains on Justice Few. Since a sitting Supreme Court justice has not faced a serious reelection challenge since 2013, this year’s contest is especially significant.

Few’s challengers come nearly three years after he was one of three justices who voted to strike down the state’s original six-week abortion ban, prompting lawmakers to rewrite the law.

When the revised law returned to the Supreme Court in 2023, the justices upheld the new six-week ban. Few joined the majority, voting to deem the statute constitutional, drawing scrutiny from JMSC members, including State Senator and Vice Chairman of the Commission Luke Rankin (R – Horry), who pressed him on how he reconciled the two decisions.

Few said in response to Rankin that since he joined the court in 2016, the justices have issued eight non-unanimous rulings on whether a state statute is constitutional. He has voted to strike down a law only once in the first abortion case involving the 2021 ban. He added that both of his opinions clearly articulated his beliefs and they were consistent.

With judicial interviews underway and the General Assembly preparing for its 2026 vote, South Carolina’s judicial future, including the leadership of its highest court, hangs in the balance.