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)
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State Court Oral Arguments to Watch for in May
Issues on the dockets include voting restrictions, gun regulations, and free speech rights.
Does Tennessee’s School Choice Program Violate the State Constitution’s Public Education Guarantee?
An education choice advocate argues that it does not — and points out that state high courts have consistently rejected arguments that such programs undermine public education.
Texas Supreme Court to Hear Arguments Over Ban on Gender-Affirming Care for Transgender Minors
Families of transgender children are asking the court to reinstate a temporary injunction blocking the ban.
Massachusetts Looks to International Sources to Inform ‘Evolving Standards of Decency’
Status of Partisan Gerrymandering Litigation in State Courts
Texas Supreme Court to Determine Scope of ‘Medical Emergency’ Exceptions to Abortion Bans
The plaintiffs include 20 women who were denied abortion care and two doctors who say Texas’s abortion bans prevent them from meeting their ethical obligations.
People with Felony Records Face High Hurdles to Regaining Voting Rights in Tennessee
Why State Constitutions Matter on Election Day
Two new explainers examine voting rights under state constitutions and how state courts oversee ballot initiatives.