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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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.
How Much Do You Know About State Constitutions and Courts?
Learn why state constitutions are so long, which high court is almost completely made up of women, and more.
Law Student Cheat Sheet: Understanding State Courts and Constitutions
As the school year kicks off, we’ve rounded up some of our top explainer essays on how state courts and state constitutions work, protect rights, and influence major U.S. legal issues. Consider it your “State Constitutions 101.”
Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism
Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.
What Happens if the U.S. Supreme Court Guts the Voting Rights Act?
State provisions could help fill a voting rights gap, but they are a poor substitute for a strong federal standard.
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.