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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Massachusetts Looks to International Sources to Inform ‘Evolving Standards of Decency’
In declaring life without parole unconstitutional for people under 21, the state’s high court cited sentencing practices in Canada and the United Kingdom.
Massachusetts Rejects Harmful Federal Standard for Evaluating Whether Punishment Is Unconstitutional
The state supreme court’s decision outlawing life without parole for people aged 18 to 20 is notable for both its outcome and the test it used to get there.
Massachusetts Reminds Youth Defense Attorneys to Consider State Constitutions
By holding that life without parole sentences are unconstitutional for anyone under 21, the Massachusetts high court goes far above the federal floor.
Judicial Advisory Opinions Explained
State and federal courts differ not just in the substantive rights they recognize but also in how they define judicial power.
New Mexico Supreme Court Adopts New Separation-of-Powers Approach to Disbursing Federal Funds
A recent decision could have a significant impact on how, and how fast, federal money is used to help people in the state.
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.