West Virginia
West Virginia’s highest court is the Supreme Court of Appeals of West Virginia. The court has four justices and one chief justice, who is chosen for a one-year term by the members of the court. (Source: Supreme Court of Appeals)
Judicial Selection
West Virginia Supreme Court justices are selected for 12-year terms through a nonpartisan election, where multiple candidates may vie for the seat. Justices may seek additional terms through nonpartisan elections. When a seat opens in the middle of a justice’s term, the governor appoints a candidate from a list provided by a judicial nominating commission. The appointed justice holds office until West Virginia’s next general election. The elected justice serves the remainder of the unexpired term. There are no term limits, nor is there a mandatory retirement age.
State Constitution
West Virginia has had two state constitutions adopted in 1863 and 1872. As of January 1, 2024, it had 75 amendments. (Source: John Dinan, 2024)
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State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.
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.
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.
Protecting Youth in the Criminal Justice System
A man sentenced to life in prison at 18 years old explains why state laws that funnel kids into the adult system are unjust and short-sighted.
The History of Dueling and State Constitutions
State constitutions helped end dueling — a deadly way men proved their “honor” — in a way state laws could not.
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.