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
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.
Book Excerpt: Sedition: How America's Constitutional Order Emerged from Violent Crisis
Throughout history, state constitutional drafting has involved failure and violent crisis and has sometimes torn us apart rather than brought us together.
How Will Federal Funding Cuts Impact State Budgets?
Fiscal provisions found in every state constitution constrain states’ ability to work around budget shortfalls.
How the Tort Wars Became the Court Wars
Recent rulings in Ohio and North Carolina demonstrate divisions on medical malpractice damages caps.
How Much Do You Know About State Constitutions and Courts?
Learn why state constitutions are so long, which high court is almost completely made up of women, and more.
Law Student Cheat Sheet: Understanding State Courts and Constitutions
As the school year kicks off, we’ve rounded up some of our top explainer essays on how state courts and state constitutions work, protect rights, and influence major U.S. legal issues. Consider it your “State Constitutions 101.”