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
A New Tool Makes Comparing State Constitutions Easier
Scholars, practitioners, and judges can quickly see how constitutional provisions differ or overlap with a resource from the nonprofit American Juris Link.
How Courts and Litigators Can Help Redefine “Cruel” and “Unusual” Punishments
A new law review article offers guidance for state appellate judges interpreting their Eighth Amendment cognates for the first time.
Montana’s Climate Change Lawsuit May See Sequels Across America
Courts in Montana, Hawaii, and New Mexico have been receptive to claims by youth plaintiffs that failures to protect the environment violate state constitutions.
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.
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.