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
Vaccines, Religious Freedom, and Parental Rights
Massachusetts’s supreme court ruled last week that the state violated religious freedom guarantees when it vaccinated a child in its custody over parental objections.
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.
Virginia Courts Are Revisiting How to Interpret the State Constitution
A recent case announcing greater state protection of religious liberties than under federal law marked a turning point in Virginia jurisprudence.
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.