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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IVF Users Face Uncertain Legal Landscape
State courts are grappling with questions like ownership over and rights for embryos.
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.
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.
Book Excerpt: Sedition: How America's Constitutional Order Emerged from Violent Crisis
Throughout history, state constitutional drafting has involved failure and violent crisis and has sometimes torn us apart rather than brought us together.
How Will Federal Funding Cuts Impact State Budgets?
Fiscal provisions found in every state constitution constrain states’ ability to work around budget shortfalls.
How Much Do You Know About State Constitutions and Courts?
Learn why state constitutions are so long, which high court is almost completely made up of women, and more.