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
State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.
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.
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.
Sanctuary Policies in a Federal System
States and localities that restrict federal enforcement of immigration and gun laws promote diversity and help protect against authoritarianism.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.