New Jersey
New Jersey’s highest court is the New Jersey Supreme Court. The court has six associate justices and a chief justice, who is appointed by the governor. (Source: New Jersey Constitution)
Judicial Selection
Justices on the New Jersey Supreme Court are nominated by the governor. The nominee must be confirmed by a majority of the state senate. An appointed justice serves a seven-year term and may stand for reappointment for a second term that runs until mandatory retirement at age 70. To fill an interim vacancy, the governor nominates a candidate who must be confirmed by a majority of the state senate. An appointed justice serves a seven-year term and may stand for reappointment to a second term until mandatory retirement.
State Constitution
New Jersey has had three state constitutions adopted between 1776 and 1947. As of January 1, 2024, it had 77 amendments. (Source: John Dinan, 2024)
Filters
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.
Lawsuits Allege Unlawful Surveillance of Pregnant Patients
According to the allegations, hospitals and state agencies in New Jersey and Vermont violated rights to privacy and bodily autonomy by drug testing and monitoring pregnant people.
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.