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)
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How the Constitution Constrains Presidential Overreach Against the States
Existing “anti-commandeering” doctrine is one avenue to challenge abuses of presidential power, but stronger arguments are rooted in the Constitution’s separation of powers.
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.
State Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.
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.
Protecting Youth in the Criminal Justice System
A man sentenced to life in prison at 18 years old explains why state laws that funnel kids into the adult system are unjust and short-sighted.
Texas Suit Against New York Doctor Ushers in New Era of Abortion Litigation
The Texas attorney general alleges a New York physician broke Texas law when she mailed abortion-inducing medication to a woman in Texas.