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, 2026, it had 121 amendments. (Data on file with John Dinan, Wake Forest University.)
The Massachusetts Constitution: the Oldest in the United States, and Often Ahead of its Time
Filters
Limiting the Damage of the Juvenile Sentencing Case I Lost
Half a decade after the U.S. Supreme Court signaled it wouldn’t extend protections for children facing life without parole, state constitutions offer hope.
State Courts Offer Protection Against Pregnancy Discrimination
Courts in almost two dozen states have rejected the U.S. Supreme Court’s reasoning that discrimination based on pregnancy is not sex discrimination.
How Are State Judges Selected?
Thirty-eight states use elections as part of their system for choosing high court judges.
Pennsylvania's Groundbreaking Ruling Limiting Mandatory Life Sentences
Breaking with decades of precedent, the court ruled that mandatory life without parole for felony murder violates the state constitution’s ban on “cruel punishments.”
State Efforts to Allow Lawsuits Against Federal Officials Gain Speed
The approach of the proposed laws is legally sound, textually grounded, and more viable than many assume.
Behind the Movement Toward Humane Punishment
A recent Pennsylvania decision barring mandatory life without parole for felony murder is part of an accelerating trend toward broad state constitutional protections for people in the criminal justice system.
The Problem Punishment Poses for Democratic Orders: Ruination and Rights
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments
Closing Remarks
Transcript of panel from Symposium: State Constitutions and the Limits of Criminal Punishments