National
All 50 states have state court systems composed of trial and appellate courts. State judges are either elected in partisan or non-partisan elections or appointed by the governor or legislature, sometimes with the participation of a judicial nominating commission. In many states, appointed judges are subject to periodic up-or-down retention elections. Each state supreme court has between five and nine justices whose opinions on state constitutional law are final. In the vast majority of states, judges serve for fixed terms ranging from six to fourteen years. They can typically be either reappointed or stand for election for additional terms on the bench.
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Why We Should Care About Diversity on the Bench
New data shows women and people of color are underrepresented on state high courts.
Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore
The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.
Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.
Judging Democracy: A Former Justice Reflects on Bush v. Gore 25 Years Later
The legal battles over the 2000 presidential election were the beginning of a cautionary tale reminding us that democracy does not sustain itself.
Everyone Benefits When Judges Come from a Variety of Backgrounds
Amid attacks on “diversity, equity, and inclusion,” the need for representative state supreme courts is as urgent as ever.
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.