South Carolina
South Carolina’s highest court is the Supreme Court of South Carolina. The court has four associate justices and one chief justice. The chief justice is selected according to the same procedures as their peers on the court. (Source: South Carolina Judicial Branch)
Judicial Selection
The legislature appoints justices to a 10-year term on the Supreme Court of South Carolina selected from a list provided by a judicial nominating commission. Justices may stand for reappointment by the legislature to additional terms in the same appointment process. To fill an interim vacancy, the legislature votes to appoint a judicial candidate from a list provided by a judicial nominating commission. If less than one year remains of the unexpired term the governor may appoint a candidate instead. The appointed justice serves the remainder of the unexpired term. There are no term limits. The mandatory retirement age is 72.
State Constitution
South Carolina has had seven state constitutions adopted between 1776 and 1895. As of January 1, 2024, it had 502 amendments. (Source: John Dinan, 2024)
Filters
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.
States Grapple with the Death Penalty
More people have been executed in 2025 than in any year of the past decade. But some states are strengthening protections against the death penalty.
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.
The Next Round of Partisan Gerrymandering Fights
An unprecedented cycle of mid-decade redistricting highlights a state-by-state legal patchwork, with significant national implications.
Do State Constitutions Demand a Monopoly for Public Schools?
Courts across the country are considering whether school-choice programs violate state constitutions.
Book Excerpt: Sedition: How America's Constitutional Order Emerged from Violent Crisis
Throughout history, state constitutional drafting has involved failure and violent crisis and has sometimes torn us apart rather than brought us together.
How Will Federal Funding Cuts Impact State Budgets?
Fiscal provisions found in every state constitution constrain states’ ability to work around budget shortfalls.