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, 2026, it had 543 amendments. (Data on file with John Dinan, Wake Forest University.)
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Hemani Is Not the End of Drug-and-Gun Litigation
The U.S. Supreme Court’s decision that it was unconstitutional to disarm a person based on regular marijuana use contains lessons for state judges, policymakers, and litigants.
Are State Courts More Protective of Transgender People than Federal Courts?
As the U.S. Supreme Court deals another blow to trans rights, a new survey finds that almost 55 percent of related state cases from 2022 to 2024 had a positive impact on trans lives.
A Territorial Death Penalty Case Carries a Warning for the States
A federal court of appeals case from the U.S. Virgin Islands shows how Congress could take charging decisions away from state prosecutors and impose capital punishment for state crimes.
State Constitutions Must Better Protect Children
State and federal law fails children caught in custody battles, sometimes with tragic results.
250 Years of State Constitutions
Early state charters are essential to understanding the American founding.
California’s Racial Justice Act Goes to Court
The California Supreme Court overturned a death sentence but diluted the law’s protections, two justices said.
The Many Versions of State Constitutional Lockstepping
The practice of interpreting state constitutions identically to their federal counterpart is often criticized in blanket terms. But the ways state courts lockstep vary widely.
How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy
State courts need not import a federal doctrine directing judges to avoid issuing rulings that could change election rules in the runup to an election.