Arizona
Arizona’s highest court is the Arizona Supreme Court. The court consists of five justices, one vice chief justice, and one chief justice. The chief justice and vice chief justice are selected by a majority of the court. The chief justice serves a five-year term and the vice chief justice’s term is determined by the court. (Source: Arizona Supreme Court)
Judicial Selection
The governor appoints Arizona Supreme Court justices from a list provided by a judicial nominating commission. After at least two years on the court, the justice can stand for a six-year term in an unopposed yes/no retention vote in Arizona’s next general election. Justices can 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
Arizona’s first and only constitution was adopted in 1911. As of January 1, 2024, it had 160 amendments. (Source: John Dinan, 2024)
Filters
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.
State Court Oral Arguments to Watch for in April
Issues on the dockets include parental rights under now-defunct same-sex marriage bans, New York City’s emissions caps for big buildings, and more.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.
Arizona Supreme Court Grapples with Challenge to “Dark Money” Disclosure Law
Voters overwhelmingly approved the law in 2022 to shed light on anonymous campaign spending from large donors.
The Active Environmental Agendas of State Attorneys General
The U.S. Supreme Court this week paved the way for Democratic attorneys general to proceed with suits against fossil fuel companies under state law.