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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All Law Students Should be Educated About State Constitutions
Fortunately, there is a resource that makes it easy to incorporate state constitutions into the first-year constitutional law course.
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.
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.
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’
Status of Partisan Gerrymandering Litigation in State Courts
Several lawsuits remain pending as state courts consider partisan gerrymandering challenges to voting maps.
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.