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)
Filters
Everyone Benefits When Judges Come from a Variety of Backgrounds
Amid attacks on “diversity, equity, and inclusion,” the need for representative state supreme courts is as urgent as ever.
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.
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.
Book Excerpt: Sedition: How America's Constitutional Order Emerged from Violent Crisis
Throughout history, state constitutional drafting has involved failure and violent crisis and has sometimes torn us apart rather than brought us together.
How Will Federal Funding Cuts Impact State Budgets?
Fiscal provisions found in every state constitution constrain states’ ability to work around budget shortfalls.
How the Tort Wars Became the Court Wars
Recent rulings in Ohio and North Carolina demonstrate divisions on medical malpractice damages caps.