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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A New Tool Makes Comparing State Constitutions Easier
Scholars, practitioners, and judges can quickly see how constitutional provisions differ or overlap with a resource from the nonprofit American Juris Link.
What this Year’s SCOTUS Term Means for State Courts
Several rulings will impact the power of state courts and the cases that come before them.
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
Extreme Heat Exacerbates Dire Prison Conditions, With Few Paths to Relief
People behind bars are particularly vulnerable to harm during heat waves and climate-related disasters. Advocates should consider state constitutional solutions.
Reflections on the Supreme Court’s Decision Upholding a Ban on Gender-Affirming Care for Trans Youth
We spoke with a transgender rights advocate about U.S. v. Skrmetti’s impact on trans people and what’s next in the struggle for equal rights.
Attorney General Duties Are a Frequent Target of Legislative Gamesmanship
Legislatures in multiple states have stripped power from attorneys general they disagree with politically.
Georgia Supreme Court Allows Under-21 Handgun Carry Ban
The court looked to the state’s own constitutional history rather than following recent U.S. Supreme Court gun decisions.
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.