Delaware
Delaware’s highest court is the Delaware Supreme Court. The court has four justices and one chief justice. The chief justice is nominated by the governor for a 12-year term and must be confirmed by the state senate. (Source: Delaware Constitution)
Judicial Selection
The governor nominates a candidate to the Delaware Supreme Court from a list provided by a judicial nominating commission. The nominee must be confirmed by a majority of the state senate. Justices serve 12-year terms and may seek reappointment to additional terms in the same appointment process. The governor appoints interim candidates from a list provided by a judicial nominating commission. The nominee must be confirmed by a majority of the state senate. An appointed justice serves a 12-year term. There are no term limits nor is there a mandatory retirement age.
State Constitution
Delaware has had four constitutions adopted between 1776 and 1897. As of January 1, 2024, it had 156 amendments. (Source: John Dinan, 2024)
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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.
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.
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.
Executive Orders and Threatened Cuts Challenge Public Education and the Courts
Education rights expert Joshua Weishart discusses the effects of Trump’s education policy changes and how states are pushing back.
When May a State Restrict Religious Gatherings?
A challenge to Covid-19–era limits on church services reaches the Delaware Supreme Court.
State Constitutional Resources We Love
For those who want to know more about state constitutions, a compilation of tools including case databases, interactive maps, and more.
What the SCOTUS Term Means for State Courts
Some of the Court’s most important holdings — including on abortion, gun restrictions, and presidential immunity — have implications for state courts and constitutions.