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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What the SCOTUS Term Means for State Courts
Some of the Court’s most important holdings — including on abortion, gun restrictions, and presidential immunity — have implications for state courts and constitutions.
We Need to Know More About State Supreme Court Cases
State high courts interpret laws that impact some of the most intimate parts of our lives. Communities have a right to know what’s on the docket.
A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
When Does the U.S. Supreme Court Review State Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.
States Grapple with Problematic Rule from Federal Voting Cases
The Purcell principle, which holds that federal courts should not change voting rules too close to an election, is increasingly being raised in state litigation.