South Dakota
South Dakota’s highest court is the South Dakota Supreme Court. The court has four associate justices and one chief justice. The justices on the supreme court elect the chief justice by majority vote. (Source: South Dakota Secretary of State)
Judicial Selection
The governor appoints South Dakota Supreme Court justices from a list provided by a judicial nominating commission. After at least three years on the court, a justice may stand for an eight-year term in an unopposed yes/no retention vote at the time of South Dakota’s next general election. Justices may stand for additional terms in the same retention process. To fill an interim vacancy, the governor appoints a judicial candidate from a list provided by a judicial nominating commission. There are no term limits. The mandatory retirement age is 70.
State Constitution
South Dakota’s first and only state constitution was adopted in 1889. As of January 1, 2024, it had 125 amendments. (Source: John Dinan, 2024)
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Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.
Book Excerpt: “Personhood: The New Civil War over Reproduction,” by Mary Ziegler
The fetal personhood movement already succeeded in eliminating what many viewed as a fundamental right. Its continued effects could be even further-reaching.
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.
The Active Environmental Agendas of State Attorneys General
The U.S. Supreme Court this week paved the way for Democratic attorneys general to proceed with suits against fossil fuel companies under state law.
Executive Orders and Threatened Cuts Challenge Public Education and the Courts
Education rights expert Joshua Weishart discusses the effects of Trump’s education policy changes and how states are pushing back.
State Constitutional Resources We Love
For those who want to know more about state constitutions, a compilation of tools including case databases, interactive maps, and more.
South Dakota Supreme Court Broadens ‘Marsy’s Law’ in Dispute Over Victim’s Diary
The case involved interpretation of the state’s constitutional amendment providing crime victims’ rights akin to those of criminal defendants.
What the SCOTUS Term Means for State Courts
Some of the Court’s most important holdings — including on abortion, gun restrictions, and presidential immunity — have implications for state courts and constitutions.