Indiana
Indiana’s highest court is the Indiana Supreme Court. The court has four associate justices and one chief justice, who is selected by a judicial nominating commission. (Source: Indiana Constitution)
Judicial Selection
The governor appoints a candidate to the Indiana Supreme Court from a list provided by a judicial nominating commission. After at least two years on the court, a justice may stand in an unopposed yes/no retention vote at the time of Indiana’s next general election. Justices serve 10-year terms, and they may seek additional terms in the same retention process. The governor fills an interim vacancy by appointing a candidate chosen from a list provided by a judicial nominating commission. There are no term limits. The mandatory retirement age is 75.
State Constitution
Indiana has had two constitutions adopted in 1816 and 1851. As of January 1, 2022, it had 49 amendments. (Source: Council of State Governments)
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States offer multiple paths for amending their constitutions, which are much easier to change than the federal Constitution.
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Courts are considering new foundations for abortion rights, while incremental challenges may slowly chip away at Dobbs.
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The high court upheld the state’s abortion ban, but its ruling could be used to protect other liberties in the future.
Challenging Anti-Trans Legislation Under State Constitutions
Though advocates have found early success in federal courts, they may find even more effective ways to protect LGBTQ+ rights through state courts.
How Do State Constitutions Evolve?
The Washington Supreme Court's changing interpretation of its state "Privileges or Immunities" Clause shows how state courts can diverge from federal precedent over time.
Using State Constitutional Protections to Improve Life Behind Bars
Rulings in Oregon and Utah offer a road map for other state courts.
Getting Comparative Law Right in State Courts
The Supreme Court used flawed legal comparisons in overturning Roe v. Wade. Looking forward, state judges must take context into account when engaging with other countries’ abortion laws.