Massachusetts
Massachusetts’ highest court is called the Massachusetts Supreme Judicial Court. The court has six justices and one chief justice. The chief justice is chosen according to the same procedures as the associate justices. (Source: Supreme Judicial Court Justices)
Judicial Selection
The governor nominates candidates to the Massachusetts 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 vote of the governor’s council, consisting of elected district representatives and the lieutenant governor. An appointed justice serves a single term until mandatory retirement at age 70. 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 a majority vote of the governor’s council. An appointed justice serves a single term until mandatory retirement at age 70.
State Constitution
Massachusetts’ first and only constitution was adopted in 1780. As of January 1, 2024, it had 121 amendments. (Source: John Dinan, 2024)
Filters
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.
Michigan’s High Court Is Charting a Course Against Punitive Excess
The court has perhaps never been friendlier to criminal justice reform.
ICE’s New Courthouse Arrest Policy Set Them on a Collision Course with State Courts
The arrest of a Wisconsin judge comes after ICE walked back policies designed to ensure communities wouldn’t be afraid to access courts
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 Massachusetts Constitution: the Oldest in the United States, and Often Ahead of its Time
A Massachusetts state court was the first to uphold the right to same-sex marriage on constitutional grounds.
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.
'She Said I Was Irredeemable:' A Second Chance for Youth Sentenced to Life
A handful of state supreme courts have announced broader sentencing protections for young people than available under the federal Constitution.