Maryland
Maryland’s highest court is the Supreme Court of Maryland. The court has six associate justices and one chief justice, who is designated by the governor. (Source: Maryland Manual)
Judicial Selection
The governor nominates justices to the Supreme Court of Maryland. 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 a majority of the state senate. After at least one year on the court, the justice may stand for a 10-year term in an unopposed yes/no retention vote at the time of Maryland’s next general election. Justices may stand for additional terms in the same retention process. To fill an interim vacancy, the governor appoints a candidate from a list provided by the judicial nominating commission, but the governor is not required to select a candidate from the list. The nominee must be confirmed by a majority of the state senate. There are no term limits. The mandatory retirement age is 70.
State Constitution
Maryland has had four constitutions adopted between 1776 and 1867. As of January 1, 2024, it had 239 amendments. (Source: John Dinan, 2024)
Filters
State Justices Continue to Challenge Originalism
A lively debate about the value of “history and tradition” in analyzing cases is ongoing in state courts. Some justices are pushing for alternative interpretative methodologies.
A New Tool Makes Comparing State Constitutions Easier
Scholars, practitioners, and judges can quickly see how constitutional provisions differ or overlap with a resource from the nonprofit American Juris Link.
Universal Injunctions in State Courts
Debates over whether a judge in a single county can issue a statewide injunction are brewing. States should not follow the U.S. Supreme Court’s approach.
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.
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.