Texas
Supreme Court
Texas’s highest court for civil matters is the Supreme Court of Texas. The court has eight justices and one chief justice. The chief justice is selected according to the same procedures as the associate justices. (Source: Texas Constitution)
Judicial Selection
Texas Supreme Court justices are selected for six-year terms through a partisan election, where multiple candidates may vie for the seat. Justices may seek additional terms through partisan elections. When a seat opens in the middle of a justice’s term, the governor appoints a candidate to fill the vacancy. The governor’s selection must be confirmed by a majority of the state senate. The appointed justice holds office until Texas’ next general election. The elected justice serves a six-year term. There is no limit on the number of terms a justice may serve; however, a justice may not stand for election after turning 75. A justice who turns 75 during the first four years of a six-year term must vacate the seat at the end of the calendar year of the term’s fourth year. A justice who turns 75 in the final two years of the term is permitted to complete the term.
Court of Criminal Appeals
Texas’s highest court for criminal matters is the Texas Court of Criminal Appeals. The court has eight judges and one presiding judge. The presiding judge is chosen by election. (Source: Texas Constitution)
Judicial Selection
Texas Court of Criminal Appeals judges are selected for six-year terms through a partisan election, where multiple candidates may vie for the seat. Justices may seek additional terms through partisan elections. When a seat on the Texas Court of Criminal Appeals becomes open in the middle of a judge’s term, the governor appoints a candidate to fill the vacancy. The governor’s selection must be confirmed by a majority of the state senate. The appointed judge holds office until Texas’ next general election. The elected judge serves a six-year term. There is no limit on the number of terms a judge may serve; however, a judge may not stand for election after turning 75. A judge who turns 75 during the first four years of a six-year term must vacate the seat at the end of the calendar year of the term’s fourth year. A judge who turns 75 in the final two years of the seat’s term is permitted to complete the term.
State Constitution
Texas has had five state constitutions adopted between 1845 and 1876. As of January 1, 2024, it had 129 amendments. (Source: John Dinan, 2024)
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Earning a Living in Arizona’s History
A recent oral argument portends Arizona may be the latest state to reject lockstepping with the federal rational basis test in economic liberties cases.
Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws
During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.
Texas Two-Steps Away from Government Lawyer Accountability, Montana Does not Follow
The Texas high court cited separation-of-powers concerns when stripping a state disciplinary commission of the authority to pursue certain grievances against executive branch lawyers.
State Court Oral Arguments to Watch for in March
Issues on the dockets include mid-decade redistricting, ghost guns, a challenge to a DOJ request for voter data, gender-affirming care for minors, and SpaceX rocket launches.
State Law Gives Litigators Extra Tools to Counter Originalism
Unique features of state courts allow lawyers to go beyond arguments available in federal courts.
The Untold Story of 150 Years of Women in State Judiciaries
A focus on the U.S. Constitution and federal judges has obscured a longer and more complex history of women serving on state benches — and how state constitutions mattered in their rise.
State Supreme Court Races to Watch in 2026
More than thirty states will hold elections for supreme court seats this year, including Wisconsin, North Carolina, and Montana where court decisions have been political flashpoints.
The Next Wave of Legislative Assaults on State Courts
Utah’s rush to add seats to its supreme court signals a major escalation in legislative tactics to curb judicial independence.