Maine
Maine’s highest court is the Maine Supreme Judicial Court. The court has six associate justices and one chief justice. The chief justice is appointed with the same procedures as the associate justices. (Source: Maine Judicial Branch)
Judicial Selection
The governor nominates justices to the Maine Supreme Judicial Court. The governor receives a list of candidates from a judicial nominating commission but is not required to select a candidate from the list. The nominee must be confirmed by a majority of the state senate. An appointed justice serves a seven-year term. Justices may stand for additional terms through the same appointment process. To fill an interim vacancy, the governor receives a list of candidates from the judicial nominating commission but is not required to select a candidate from the list. The nominee must be confirmed by joint legislative committee recommendation, subject to the ability of the Senate to override the committee recommendation by a 2/3 vote. An appointed justice serves a seven-year term. There are no term limits, nor is there a mandatory retirement age.
State Constitution
Maine’s first and only constitution was adopted in 1819. As of January 1, 2024, it had 177 amendments. (Source: John Dinan, 2024)
Filters
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.
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.
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.
Protecting Youth in the Criminal Justice System
A man sentenced to life in prison at 18 years old explains why state laws that funnel kids into the adult system are unjust and short-sighted.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.
The Active Environmental Agendas of State Attorneys General
The U.S. Supreme Court this week paved the way for Democratic attorneys general to proceed with suits against fossil fuel companies under state law.