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).
Filters
A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
Marriage Equality Is Back on the Ballot
As federal same-sex marriage rights appear increasingly vulnerable, voters have the option to remove discriminatory language from their state constitutions.
Threats to State Constitutional Abortion Protections
Even where voters pass abortion rights amendments, lawmakers and judges can undermine rights.
Pennsylvania High Court Invalidates Attempt to Impeach Reform-Minded Philadelphia Prosecutor
The impeachment effort was part of a troubling trend around the country of increasing attacks on the independence of local prosecutors.
The U.S. Supreme Court's Declining State Case Docket
So far, only 2 out of 28 cases on the high court’s docket arise from state courts, a surprisingly low number given the regularity with which state courts hear cases implicating federal rights.
To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
When Does the U.S. Supreme Court Review State Supreme Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.