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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State Court Oral Arguments to Watch for in May
Issues on the dockets include voting restrictions, gun regulations, and free speech rights.
The New Battle Over Youth Disenfranchisement
Laws curbing same-day registration and student ID use could stifle youth voter turnout.
To Prepare for Emergency, States Must Resolve Constitutional Ambiguities
Thirty-five state constitutions contain provisions that allow lawmakers to take extraordinary action in emergencies, but the full extent of these powers hasn’t been tested.
State Equal Rights Amendments Can Protect Reproductive Rights Post-Dobbs
The Pennsylvania Supreme Court held that a Medicaid ban on abortion is sex discrimination under the state’s ERA.
Unpacking the Legal Challenges to Trump’s Ballot Eligibility
The vast majority of cases aiming to remove Trump from the ballot have been dismissed, but without deciding whether he’s eligible to hold the presidency.
The Neglected State Constitutional Protections Against Extreme Punishments
What Happens When State and Local Laws Conflict