Iowa
Iowa’s highest court is the Iowa Supreme Court. The court has six justices and one chief justice. The justices on the supreme court elect the chief justice by majority vote, and the term of chief justice corresponds with the term of the justice serving in that capacity. (Source: Iowa Supreme Court)
Judicial Selection
The governor appoints an Iowa Supreme Court justice from a list provided by a judicial nominating commission. After at least one year on the court, a justice may stand for an eight-year term in an unopposed yes/no retention vote at the time of Iowa’s next general election. Justices may stand for additional terms in the same retention process. When a seat on the court opens in the middle of a justice’s term, the governor appoints a judicial candidate from a list provided by a judicial nominating commission. There are no term limits. The mandatory retirement age is 72.
State Constitution
Iowa has had two constitutions adopted in 1846 and 1857. As of January 1, 2024, it had 55 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.
Wyoming Supreme Court Signals Openness to Limiting Excessive Punishments
At oral arguments over the constitutionality of mandatory life-without-parole sentences for young adults, several justices suggested the right to be free from “cruel or unusual” punishments might be fundamental.
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.