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
Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism
Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.
What Happens if the U.S. Supreme Court Guts the Voting Rights Act?
State provisions could help fill a voting rights gap, but they are a poor substitute for a strong federal standard.
New Jersey’s Constitution Allowed Women to Vote in the 1700s
Though the right was short-lived, it’s an example of how states can expand — and contract — voting rights.
A New Tool Makes Comparing State Constitutions Easier
Scholars, practitioners, and judges can quickly see how constitutional provisions differ or overlap with a resource from the nonprofit American Juris Link.
How State Courts Pushed Back on an Infamous U.S. Supreme Court Case
Dred Scott, widely considered a stain on the U.S. Supreme Court’s history, denied citizenship to Black Americans in 1857. Many state supreme courts refused to follow it.
Universal Injunctions in State Courts
Debates over whether a judge in a single county can issue a statewide injunction are brewing. States should not follow the U.S. Supreme Court’s approach.
Natural Rights in State Courts
State constitutional provisions broadly protecting “inherent rights” do real work.
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.