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 appointed 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, 2026, it had 129 amendments. (Data on file with John Dinan, Wake Forest University.)
Filters
Universal Injunctions in State Courts
Debates over whether a judge in a single county can issue a statewide injunction are brewing. States should not follow the U.S. Supreme Court’s approach.
Natural Rights in State Courts
State constitutional provisions broadly protecting “inherent rights” do real work.
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
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
The fetal personhood movement already succeeded in eliminating what many viewed as a fundamental right. Its continued effects could be even further-reaching.