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)
Filters
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
State Constitutional Protections for Transgender People After Skrmetti
A review of recent litigation in state courts provides hints about the future of trans rights.
Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.
Book Excerpt: Personhood: The New Civil War over Reproduction, by Mary Ziegler
The fetal personhood movement already succeeded in eliminating what many viewed as a fundamental right. Its continued effects could be even further-reaching.
Texas Suit Against New York Doctor Ushers in New Era of Abortion Litigation
The Texas attorney general alleges a New York physician broke Texas law when she mailed abortion-inducing medication to a woman in Texas.
Choice of Law in an Era of Abortion Conflict
When a citizen of an anti-abortion state travels to another state to receive the procedure, which state’s law should apply?
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.