Alabama
Alabama’s highest court is the Supreme Court of Alabama. The court has eight associate justices and one chief justice. Justices serve six-year terms and are selected by popular vote. (Source: Alabama Supreme Court; Alabama Constitution)
Judicial Selection
Justices on the Supreme Court of Alabama are elected to six-year terms through partisan elections, and they may seek additional terms through partisan elections. There is no limit on the number of terms a justice may serve. The governor fills interim vacancies when a seat opens before the end of a term. The appointed justice holds office until Alabama’s next general election more than two years after they were appointed. Justices may not be appointed or elected after age 70.
State Constitution
Alabama has had seven constitutions adopted between 1819 and 2022. As of January 1, 2024, had 0 amendments. (Source: John Dinan, 2024)
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State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.
Book Excerpt: Personhood: The New Civil War over Reproduction, by Mary Ziegler
The fetal personhood movement already succeeded in eliminating what many viewed as a fundamental right. Its continued effects could be even further-reaching.
Lawsuits Allege Unlawful Surveillance of Pregnant Patients
According to the allegations, hospitals and state agencies in New Jersey and Vermont violated rights to privacy and bodily autonomy by drug testing and monitoring pregnant people.
The History of Dueling and State Constitutions
State constitutions helped end dueling — a deadly way men proved their “honor” — in a way state laws could not.
The Complexity of Lockstepping Post-Bruen
A Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.