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 Court Oral Arguments to Watch for in November
Issues on the dockets include indigent defense crises in multiple states, what’s been called a “de facto repeal” of citizens’ initiative power, and a voter-approved ban on large-capacity magazines.
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.
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.”
Case Trends: Post-Dobbs and Skrmetti, State Courts Are Battlegrounds for Transgender and Reproductive Rights
State courts are leaning on their unique state constitutional provisions, departing from federal precedent, and deciding who can challenge restrictive laws.
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.
Do State Constitutions Demand a Monopoly for Public Schools?
Courts across the country are considering whether school-choice programs violate state constitutions.