Virginia
Virginia’s highest court is the Supreme Court of Virginia. The court has six justices and one chief justice, who is chosen by a majority of the members of the court. (Source: Virginia Constitution)
Judicial Selection
The legislature votes to appoint justices to 12-year terms on the Supreme Court of Virginia. Justices may stand for reappointment by the legislature to additional terms in the same appointment process. When a seat opens in the middle of a justice’s term, the legislature votes to appoint a judicial candidate to fill the vacancy. The appointed justice serves a 12-year term. If the legislature is not in session, the governor may appoint a candidate to serve until the next legislative session. There are no term limits. The mandatory retirement age is 73.
State Constitution
Virginia has had six state constitutions adopted between 1776 and 1970. As of January 1, 2024, it had 53 amendments. (Source: John Dinan, 2024)
Filters
A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
Marriage Equality Is Back on the Ballot
As federal same-sex marriage rights appear increasingly vulnerable, voters have the option to remove discriminatory language from their state constitutions.
State Justices Speak Out Against Originalism
State supreme courts are increasingly a venue for debate over history’s role in constitutional interpretation.
To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
When Does the U.S. Supreme Court Review State Supreme Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.
States Grapple with Problematic Rule from Federal Voting Cases
The Purcell principle, which holds that federal courts should not change voting rules too close to an election, is increasingly being raised in state litigation.