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
How State Courts Pushed Back on an Infamous U.S. Supreme Court Case
Dred Scott, widely considered a stain on the U.S. Supreme Court’s history, denied citizenship to Black Americans in 1857. Many state supreme courts refused to follow it.
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?
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
Attorney General Duties Are a Frequent Target of Legislative Gamesmanship
Legislatures in multiple states have stripped power from attorneys general they disagree with politically.
Battle Over Religion in Public Schools Continues
The Oklahoma Supreme Court ruled a Catholic institution could not be a public charter school, but the issue is far from resolved.
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.