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
Challenging Anti-Trans Legislation Under State Constitutions
Though advocates have found early success in federal courts, they may find even more effective ways to protect LGBTQ+ rights through state courts.
When Do State Courts Depart from Federal Precedents?
State courts have varying and sometimes unclear rules for interpreting their constitutions independently.
Gender Equality Under State Constitutions
A new Center for Reproductive Rights resource details sex discrimination claims under state constitutions.
New Data Shows Lack of Diversity on Many State Supreme Courts
State court benches continue to fall short of representing the racial, ethnic, and gender diversity of the communities they serve.
The Racist History of State Constitutions Taking Voting Rights from People Convicted of Crimes
Two court decisions raise questions about whether modifying discriminatory provisions can wash away their dubious histories.
Original Jurisdiction in State Supreme Courts
Parties, courts, and legislatures can use original jurisdiction to meet their own political ends, potentially affecting issues from elections to abortion rights.
Nevada Supreme Court Chips Away at Immunity for Law Enforcement Misconduct
A recent decision will help plaintiffs win damages when government officials violate the state constitution.
Abortion Cases Take Originalism Debate to the States
In striking down an abortion ban in South Carolina and upholding one in Idaho, state high courts are grappling with the use of history in constitutional interpretation.