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
Advice for Law Students From State Supreme Court Justices
As the school year kicks off, eight justices reflect on what they wish someone had told them when they were in law school.
What the Framers Really Thought About Life, Liberty, and the Pursuit of Happiness
Debates from state constitutional conventions show delegates expected protections for inalienable rights to have teeth.
South Carolina High Court Hears Challenge to Firing Squads and Electric Chair
States have increasingly turned to antiquated, painful methods of execution in response to shortages of lethal injection drugs.
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.
Confederate Monuments and State Constitutions
Courts considering removal of Confederate monuments have ignored southern states’ Reconstruction-era commitments to maintaining national unity and respecting racial equality.
Iowa Supreme Court Allows Six-Week Abortion Ban to Take Effect
The court’s stance on reproductive health has shifted dramatically since 2018, when it held that abortion was a fundamental right under the state constitution.
Judicial Deference to Agency Expertise in the States
Almost all state courts recognize the importance of agencies’ expertise in policymaking.
SCOTUS’s 2nd Amendment Decision Leaves Open Questions for State Courts
The U.S. Supreme Court upheld the disarmament of a domestic abuser in United States v. Rahimi, but litigation over where to draw the line will continue.