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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Center For Reproductive Rights Litigation Director Discusses the High Stakes of Abortion Litigation
State Court Report spoke with counsel for the plaintiffs challenging Texas’s strict abortion ban — which the state supreme court just ruled was constitutional.
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.
Fourth Amendment Lags Behind State Search and Seizure Provisions
State courts have long provided more search and seizure protections than the U.S. Supreme Court — and they sometimes influence federal law.
State Constitutional Conventions Explained
The nation’s first constitutional convention in decades may take place in Louisiana this summer.
New Findings Highlight Lack of Diversity on State Supreme Courts
More data and further scholarship is needed to devise policies for promoting a state bench that adequately represents the varied background of the public.
States May Close the ‘Open Fields’ Exception to the Fourth Amendment
An appellate court in Tennessee became the latest to reject a significant exception to the federal protection against unreasonable search and seizure.
State Court Oral Arguments to Watch for in May
Issues on the dockets include voting restrictions, gun regulations, and free speech rights.
Scholarship Roundup: End of Semester Edition
Recent articles address states taking policy questions away from courts, standing in election cases, and state shadow dockets.