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, 2026, it had 54 amendments. (Data on file with John Dinan, Wake Forest University.)
Virginia’s Constitution: An Influential and Resurgent Declaration of Rights
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Hemani Is Not the End of Drug-and-Gun Litigation
The U.S. Supreme Court’s decision that it was unconstitutional to disarm a person based on regular marijuana use contains lessons for state judges, policymakers, and litigants.
Are State Courts More Protective of Transgender People than Federal Courts?
As the U.S. Supreme Court deals another blow to trans rights, a new survey finds that almost 55 percent of related state cases from 2022 to 2024 had a positive impact on trans lives.
A Territorial Death Penalty Case Carries a Warning for the States
A federal court of appeals case from the U.S. Virgin Islands shows how Congress could take charging decisions away from state prosecutors and impose capital punishment for state crimes.
250 Years of State Constitutions
Early state charters are essential to understanding the American founding.
The Many Versions of State Constitutional Lockstepping
The practice of interpreting state constitutions identically to their federal counterpart is often criticized in blanket terms. But the ways state courts lockstep vary widely.
How State Courts Can Help Deflect the Supreme Court’s Latest Blow to Multiracial Democracy
State courts need not import a federal doctrine directing judges to avoid issuing rulings that could change election rules in the runup to an election.
“State Capture” and the Role of State Courts
State constitutions offer powerful tools for combatting control of state and local institutions by private interests.
Redistricting Litigation Heats Up
In the wake of Callais, state courts are weighing a growing number of redistricting disputes.