Idaho
Idaho’s highest court is the Idaho Supreme Court. The court has four justices and one chief justice, who is selected by a majority of the other justices to serve a four-year term. (Source: Idaho Constitution)
Judicial Selection
Justices are chosen for the Idaho Supreme Court through a nonpartisan election, where multiple candidates may vie for the seat. The elected justice serves a six-year term and may seek additional terms through nonpartisan elections. 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. The appoinnted justice holds office for the remainder of the unexpired term. There are no term limits, nor is there a mandatory retirement age.
State Constitution
Idaho’s first and only constitution was adopted in 1889. As of January 1, 2022, it had 127 amendments. (Source: Council of State Governments)
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How Courts Oversee Ballot Initiatives
State courts — and to some degree federal courts — play a significant role in every stage of the direct democracy process.
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Courts are considering new foundations for abortion rights, while incremental challenges may slowly chip away at Dobbs.
Scholarship Roundup: Back to School Edition
Recent articles address access to justice, administrative law, the law of democracy, and state constitutional law.
Abortion and Original Jurisdiction
State supreme courts’ authority to bypass lower courts makes them key players in the fight over reproductive rights.
Challenging Anti-Trans Legislation Under State Constitutions
Though advocates have found early success in federal courts, they may find even more effective ways to protect LGBTQ+ rights through state courts.
Original Jurisdiction in State Supreme Courts
Parties, courts, and legislatures can use original jurisdiction to meet their own political ends, potentially affecting issues from elections to abortion rights.
Abortion Cases Take Originalism Debate to the States
In striking down an abortion ban in South Carolina and upholding one in Idaho, state high courts are grappling with the use of history in constitutional interpretation.