Florida
Florida’s highest court is the Supreme Court of Florida. The court has six justices and one chief justice, who is selected by the supreme court justices for a two-year term. (Source: Florida Constitution).
Judicial Selection
The governor appoints a candidate to the Supreme Court of Florida from a list provided by a judicial nominating commission. After at least one year on the court, a justice may stand for a six-year term in an unopposed yes/no retention vote at the time of Florida’s next general election. Justices may stand for additional terms in the same retention process. When a seat on the court opens in the middle of a justice’s term, the governor appoints a judicial candidate from a list provided by a judicial nominating commission. There are no term limits. The mandatory retirement age is 75, but a justice who has served one half of their term can complete the rest of the term.
State Constitution
Florida has had six constitutions adopted between 1839 and 1968. As of January 1, 2024, it had 141 amendments. (Source: John Dinan, 2024).
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The Role of History and Tradition in State Court Abortion Cases
Some state courts weighed historical evidence and found abortion rights protections, diverging from the U.S. Supreme Court’s approach in Dobbs.
Dispute over Abortion for Florida Teen Could Have Far-Reaching Consequences
A showdown over parental rights, abortion access, fertility care, and more could follow a recent state court decision.
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.
The Florida Constitution: For the People?
Citizen support for constitutional amendments has been undermined by the legislature’s interpretation of those initiatives.
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.