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, 2024, it had 49 amendments. (Source: John Dinan, 2024)
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The Role of History and Tradition in State Court Abortion Cases
Some state courts weighed historical evidence and found abortion rights protections, diverging from the U.S. Supreme Court’s approach in Dobbs.
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.
State Constitutional Protections for Transgender People After Skrmetti
A review of recent litigation in state courts provides hints about the future of trans rights.
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.