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)
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Legislative Efforts to Abolish Qualified Immunity Yield Mixed Results
Colorado and New Mexico have enacted laws to hold police and other officials accountable for state constitutional violations, while other states have broadened immunities.
New Findings Highlight Lack of Diversity on State Supreme Courts
More data and further scholarship is needed to devise policies for promoting a state bench that adequately represents the varied background of the public.
The Search and Seizure Law of State Constitutions
Massachusetts is on the front lines of a movement toward independent state constitutional rights.
State Supreme Courts Weigh In on Police Reform
Recent state decisions have increased accountability for law enforcement and upheld laws aimed at curbing police violence.
Scholarship Roundup: End of Semester Edition
Recent articles address states taking policy questions away from courts, standing in election cases, and state shadow dockets.
The Sorry State of Disclosure for State Supreme Court Justices
A new study reveals that disclosures by state supreme court justices are frequently hard to access and lack relevant financial information.
Massachusetts’s High Court Upholds Novel Local Restriction on Tobacco Purchases
The ruling could provide a model for cities and towns to enact rules that differ from state law — in tobacco and alcohol purchasing, and even gun sales — without running afoul of preemption principles.
A Primer on Advocating Independent State Constitutional Remedies
State supreme courts shouldn’t reflexively embrace federal approaches to remedying violations of constitutional rights.