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)
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State Justices Continue to Challenge Originalism
A lively debate about the value of “history and tradition” in analyzing cases is ongoing in state courts. Some justices are pushing for alternative interpretative methodologies.
A New Tool Makes Comparing State Constitutions Easier
Scholars, practitioners, and judges can quickly see how constitutional provisions differ or overlap with a resource from the nonprofit American Juris Link.
Universal Injunctions in State Courts
Debates over whether a judge in a single county can issue a statewide injunction are brewing. States should not follow the U.S. Supreme Court’s approach.
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 History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
State Court Oral Arguments to Watch for in June
Issues on the dockets include partisan gerrymandering, fines and fees imposed on indigent defendants, and bans on flavored tobacco and online vision tests.
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.