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
Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore
The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.
Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.
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.
State High Courts Split on Laws Letting Survivors of Sexual Abuse Sue After Expiration of Statutes of Limitations
State supreme courts have emphasized different constitutional provisions to decide whether bills reviving time-barred civil causes of action for child sexual abuse claims are constitutional.
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.
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.”
Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.