Louisiana
Louisiana’s highest court is the Louisiana Supreme Court. The court has six associate justices and one chief justice, who is the member of the court with the most seniority. (Source: Louisiana Constitution)
Judicial Selection
Justices run for a 10-year term on the Louisiana Supreme Court in partisan elections. When a seat opens in the middle of a term, the remaining justices appoint an interim candidate to fill the vacancy. Within a year of the vacancy, the governor calls a special election. The interim justice may not run in that election, which is a partisan contest open to multiple other candidates. The elected justice then serves the remainder of the unexpired term. The mandatory retirement age is 70.
State Constitution
Louisiana has had 11 constitutions, adopted between 1812 and 1974. As of January 1, 2024, it had 217 amendments. (Source: John Dinan, 2024)
Filters
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.
Defining Legal Parenthood for Same-Sex Families
Now-unconstitutional bans on same-sex marriage can undermine efforts to establish parental rights even today.
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 Complexity of Lockstepping Post-Bruen
A Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.
Choice of Law in an Era of Abortion Conflict
When a citizen of an anti-abortion state travels to another state to receive the procedure, which state’s law should apply?