Wyoming
Wyoming’s highest court is the Supreme Court of Wyoming. The court has four justices and one chief justice, who is chosen by members of the court to serve a four-year term. (Source: Wyoming Judicial Branch)
Judicial Selection
The governor appoints justices to the Supreme Court of Wyoming from a list provided by a judicial nominating commission. After at least one year on the court, a justice may stand for an eight-year term in an unopposed yes/no retention vote at the time of Wyoming’s next general election. Justices may stand for additional terms in the same retention process. To fill an interim vacancy, the governor appoints a judicial candidate from a list provided by a judicial nominating commission. There are no term limits. The mandatory retirement age is 70.
State Constitution
Wyoming’s first and only constitution was adopted in 1889. As of January 1, 2024, it had 81 amendments. (Source: John Dinan, 2024)
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The Role of History and Tradition in State Court Abortion Cases
Some state courts weighed historical evidence and found abortion rights protections, diverging from the U.S. Supreme Court’s approach in Dobbs.
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.
Wyoming Supreme Court Signals Openness to Limiting Excessive Punishments
At oral arguments over the constitutionality of mandatory life-without-parole sentences for young adults, several justices suggested the right to be free from “cruel or unusual” punishments might be fundamental.
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 Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.
State Constitutional Protections for Transgender People After Skrmetti
A review of recent litigation in state courts provides hints about the future of trans rights.
Abortion and Trans Rights Advocates Turn to Unlikely Tool in State Constitutions
Lawsuits seeking to expand access to abortion and gender-affirming care rely on GOP-backed “health-care freedom" provisions passed to limit the Affordable Care Act.