Alaska
Alaska’s highest court is the Alaska Supreme Court. The court consists of five justices who select the chief justice for a three-year term by majority vote. The chief justice may not serve consecutive terms. (Source: Alaska Supreme Court)
Judicial Selection
The governor appoints Alaska Supreme Court justices from a list provided by a judicial nominating commission. After at least three years on the bench, the justice may stand for a 10-year term in an unopposed yes/no retention vote in Alaska’s next general election. Justices may stand for additional terms through retention elections. The governor fills interim vacancies from a list provided by the judicial nominating commission. The mandatory retirement age is 70.
State Constitution
Alaska’s first and only constitution was adopted in 1956. As of January 1, 2024, it had 29 amendments. (Source: John Dinan, 2024)
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American Indians and Indigenous Peoples in State Constitutions
In the shadow of federal law, some state constitutions address American Indian land, taxation, gaming permissions, voting rights, cultural protection, and governance.
A New Tool Makes Comparing State Constitutions Easier
Scholars, practitioners, and judges can quickly see how constitutional provisions differ or overlap with a resource from the nonprofit American Juris Link.
Universal Injunctions in State Courts
Debates over whether a judge in a single county can issue a statewide injunction are brewing. States should not follow the U.S. Supreme Court’s approach.
How Courts and Litigators Can Help Redefine “Cruel” and “Unusual” Punishments
A new law review article offers guidance for state appellate judges interpreting their Eighth Amendment cognates for the first time.
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
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.