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)
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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.
How Originalism Revived an Abortion Ban a Majority of the North Dakota Supreme Court Held Unconstitutional
Although three of the five justices on the court concluded the ban violated state due process rights, a state rule requiring a supermajority to strike down a law means the dissenting opinion controls.
The Landmark Case That Extended Speech Rights on Private Property
In 1980, the New Jersey Supreme Court ruled that Princeton University could not exclude members of the public from distributing political materials on campus.
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.
Resistance to Public Policies Assisting the Poor
Property owners have challenged programs meant to assist vulnerable populations, alleging they are unconstitutional takings of private property for public use.
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.”
Resuscitating State Damages Remedies Against Federal Officials
There are forceful legal arguments that individuals can use state civil rights statutes to sue federal employees who violate the U.S. Constitution.