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)
Filters
A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
Marriage Equality Is Back on the Ballot
As federal same-sex marriage rights appear increasingly vulnerable, voters have the option to remove discriminatory language from their state constitutions.
States Can Protect Unhoused People When the U.S. Supreme Court Won’t
The U.S. high court’s ruling allowing anti-camping laws underscores the importance and potential of state constitutional protections.
To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
When Does the U.S. Supreme Court Review State Supreme Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.