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
The Federalization Dimension in Takings
The U.S. Supreme Court does not always lead and state courts do not always follow.
Montana Lawsuit Confronts States’ Responsibility for Climate Change
The trial will show the obstacles to enforcing environmental provisions in state constitutions.
The Greening of State Constitutions
Courts play an increasingly important role in enforcing states’ environmental rights amendments.
State Courts Confront Climate Change
Two lawsuits seek relief from climate change using state constitutions.
Remote Court Three Years Later
State courts have largely sidestepped state constitutional questions about remote criminal proceedings.
Massachusetts Protects the Right to Be ‘Rude’ in Town Meetings
“Peaceable and orderly” isn’t the same as “respectful and courteous.”
The Oldest State Court Makes a Case for Embracing Change
Massachusetts’s high court rejected the U.S. Supreme Court’s narrow approach to determining fundamental rights in favor of a comprehensive analysis that considers evolving equality norms.
State Courts Advance Protections for Young Defendants Even as SCOTUS Slows Progress
Recent decisions show courts using state constitutions to protect young defendants’ rights.