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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Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.
Book Excerpt: Personhood: The New Civil War over Reproduction, by Mary Ziegler
The fetal personhood movement already succeeded in eliminating what many viewed as a fundamental right. Its continued effects could be even further-reaching.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.
The Active Environmental Agendas of State Attorneys General
The U.S. Supreme Court this week paved the way for Democratic attorneys general to proceed with suits against fossil fuel companies under state law.
Executive Orders and Threatened Cuts Challenge Public Education and the Courts
Education rights expert Joshua Weishart discusses the effects of Trump’s education policy changes and how states are pushing back.
State Constitutional Resources We Love
For those who want to know more about state constitutions, a compilation of tools including case databases, interactive maps, and more.