Tennessee
Tennessee’s highest court is the Tennessee Supreme Court. The court has four justices and one chief justice, who is chosen by a majority of the court’s members. (Source: Tennessee Constitution)
Judicial Selection
The governor nominates Tennessee Supreme Court justices from a list provided by a judicial nominating commission. The governor’s nominee must be confirmed by a majority of the state House and Senate. After at least 30 days on the court, a justice may stand in an unopposed yes/no retention vote at the time of Tennessee’s next general election. Justices serve eight-year terms unless they were first appointed to fill an unexpired term, in which case they serve the remainder of the unexpired term. Justices may stand for additional eight-year terms in the same retention process. When a seat becomes open in the middle of a justice’s term, the governor nominates a candidate from a list provided by a judicial nominating commission. The nominee must be confirmed by a majority of the state house and senate. There are no term limits, nor is there a mandatory retirement age.
State Constitution
Tennessee has had three state constitutions adopted between 1796 and 1870. As of January 1, 2024, it had 47 amendments. (Source: John Dinan, 2024)
Filters
State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.
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.
State Constitutional Protections for Transgender People After Skrmetti
A review of recent litigation in state courts provides hints about the future of trans rights.
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.
Protecting Youth in the Criminal Justice System
A man sentenced to life in prison at 18 years old explains why state laws that funnel kids into the adult system are unjust and short-sighted.
The History of Dueling and State Constitutions
State constitutions helped end dueling — a deadly way men proved their “honor” — in a way state laws could not.