North Carolina
North Carolina’s highest court is the Supreme Court of North Carolina. The court has six associate justices and one chief justice. The chief justice is chosen through election. (Source: North Carolina Constitution)
Judicial Selection
Justices on the Supreme Court of North Carolina are selected through a partisan election, where multiple candidates may vie for the seat. The elected justice serves an eight-year term. Justices may seek additional terms through partisan elections. When a seat opens in the middle of a justice’s term, the governor appoints a candidate to fill the vacancy. The appointed justice holds office until North Carolina’s next general election more than 60 days after the vacancy occurred. The elected justice serves the remainder of the unexpired term. There are no term limits. The mandatory retirement age is 72.
State Constitution
North Carolina has had three state constitutions adopted between 1776 and 1970. As of January 1, 2024, it had 41 amendments. (Source: John Dinan, 2024)
Filters
Vaccines, Religious Freedom, and Parental Rights
Massachusetts’s supreme court ruled last week that the state violated religious freedom guarantees when it vaccinated a child in its custody over parental objections.
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.
Democracy’s Fate Depends on Both State and Federal Courts
State and federal courts each played a role in stopping a candidate who lost his race for a seat on the North Carolina Supreme Court from throwing out 60,000 votes.
Griffin Concedes to Riggs, Ending Six-Month Dispute Over North Carolina Supreme Court Election
The concession follows a federal court decision Monday denying Griffin’s efforts to throw out votes cast in the 2024 election and saying the election must be certified.
North Carolina Court Enables a Partisan Shift on State Elections Board
The court approved a law to strip the governor’s election board powers, risking creating a precedent for partisan power-grabbing.
A North Carolina Court Decision Could Overturn a 2024 State Supreme Court Election
The decision allows for rewriting election rules after votes have already been counted, moving the losing candidate closer to his goal of having more than 60,000 ballots thrown out.
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.