Illinois
Illinois’ highest court is the Supreme Court of Illinois. The court has six justices and one chief justice, who is elected by the other justices to serve a three-year term. (Source: Supreme Court of Illinois; Illinois Constitution)
Judicial Selection
Justices on the Supreme Court of Illinois are elected for 10-year terms through a partisan election, where multiple candidates may vie for the seat. Justices may seek additional terms through an unopposed yes/no retention vote. When a seat becomes open in the middle of a justice’s term, the remaining justices of the court appoint a judicial candidate to fill the vacancy. An interim justice appointed more than 60 days before Illinois’ next judicial primary holds office until the next general or judicial election. However, an interim justice appointed less than 60 days before Illinois’ next judicial primary, holds office until the second general or judicial election after the appointment. There are no term limits nor is there a mandatory retirement age.
State Constitution
Illinois has had four constitutions adopted between 1818 and 1970. As of January 1, 2024, it had 16 amendments. (Source: John Dinan, 2024)
Filters
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.
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.
The Active Environmental Agendas of State Attorneys General
The U.S. Supreme Court this week paved the way for Democratic attorneys general to proceed with suits against fossil fuel companies under state law.
Executive Orders and Threatened Cuts Challenge Public Education and the Courts
Education rights expert Joshua Weishart discusses the effects of Trump’s education policy changes and how states are pushing back.
State Constitutional Resources We Love
For those who want to know more about state constitutions, a compilation of tools including case databases, interactive maps, and more.