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, 2026, it had 47 amendments. (Data on file with John Dinan, Wake Forest University.)
The Tennessee Constitution: “Least Imperfect and Most Republican of the State Constitutions”
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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.
Scholarship Roundup: End of Semester Edition
Recent articles address states taking policy questions away from courts, standing in election cases, and state shadow dockets.
The Sorry State of Disclosure for State Supreme Court Justices
A new study reveals that disclosures by state supreme court justices are frequently hard to access and lack relevant financial information.
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.
Unpacking the Legal Challenges to Trump’s Ballot Eligibility
The vast majority of cases aiming to remove Trump from the ballot have been dismissed, but without deciding whether he’s eligible to hold the presidency.
Massachusetts Looks to International Sources to Inform ‘Evolving Standards of Decency’
In declaring life without parole unconstitutional for people under 21, the state’s high court cited sentencing practices in Canada and the United Kingdom.
The Writ of Mandamus in State Courts
The centuries-old remedy is increasingly used to force hotly contested political issues before state courts.
People with Felony Records Face High Hurdles to Regaining Voting Rights in Tennessee
A recent Tennessee Supreme Court case that made it harder for those convicted of a felony to vote could could tip the balance in close elections.