California
California’s highest court is the Supreme Court of California. The court has six associate justices and one chief justice, who is appointed under the same procedures as the associate justices. (Source: California Judicial Branch)
Judicial Selection
The governor nominates candidates to the Supreme Court of California who must be confirmed by a majority of the commission on judicial appointments. The commission consists of the chief justice, the state attorney general, and the senior presiding justice of the state’s courts of appeal. Once confirmed, the nominee stands in an unopposed yes/no retention vote at the time of California’s next general election. Justices serve 12-year terms and may seek additional terms through an unopposed yes/no retention vote. There are no term limits, and there is no mandatory retirement age.
State Constitution
California has had two constitutions adopted in 1849 and 1879. As of January 1, 2024, it had 541 amendments. (Source: John Dinan, 2024)
Filters
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
2025 Ballot Measures to Watch
Voters will decide whether to amend their state constitutions or statutes regarding redistricting, voting, firearm access, parental rights, taxes, and more.
States Grapple with the Death Penalty
More people have been executed in 2025 than in any year of the past decade. But some states are strengthening protections against the death penalty.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Resuscitating State Damages Remedies Against Federal Officials
There are forceful legal arguments that individuals can use state civil rights statutes to sue federal employees who violate the U.S. Constitution.
Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.
The Next Round of Partisan Gerrymandering Fights
An unprecedented cycle of mid-decade redistricting highlights a state-by-state legal patchwork, with significant national implications.
The Power of State Reproductive Freedom Amendments
A new report analyzes the language and effects of recently adopted amendments protecting reproductive rights and highlights their potential for abortion access and beyond.