California
California’s highest court is the Supreme Court of California. The court has six associate justices and one chief justice, who is appointed under the same procedures as the associate justices. (Source: California Judicial Branch)
Judicial Selection
The governor nominates candidates to the Supreme Court of California who must be confirmed by a majority of the commission on judicial appointments. The commission consists of the chief justice, the state attorney general, and the senior presiding justice of the state’s courts of appeal. Once confirmed, the nominee stands in an unopposed yes/no retention vote at the time of California’s next general election. Justices serve 12-year terms and may seek additional terms through an unopposed yes/no retention vote. There are no term limits, and there is no mandatory retirement age.
State Constitution
California has had two constitutions adopted in 1849 and 1879. As of January 1, 2024, it had 541 amendments. (Source: John Dinan, 2024)
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The Tenacious Power of Constitutional Torts
Despite hurdles, civil rights litigation is a critical tool for people who have been harmed by the government and for those seeking long-lasting change.
Pennsylvania Faces a Moment of Truth for Life Without Parole
The Pennsylvania Supreme Court is considering whether requiring life in prison without the possibility of parole for so-called felony murder is unconstitutional.
Who’s Hiring State Supreme Court Clerks?
State-by-state information to aid law students and young attorneys in securing a state clerkship.
Religious Freedom and Abortion
Religious liberty protections have been steadily extended in both state and federal court over the last two decades. In some states, plaintiffs are arguing religious liberty includes a right to an abortion, with some success.
Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws
During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.
State Constitutions Could Bar State and Local Police Collaboration with ICE
Case law in multiple states suggests state and local officials who cooperate in federal abuses might run afoul of their own state constitutions.
State Court Oral Arguments to Watch for in March
Issues on the dockets include mid-decade redistricting, ghost guns, a challenge to a DOJ request for voter data, gender-affirming care for minors, and SpaceX rocket launches.
State Law Gives Litigators Extra Tools to Counter Originalism
Unique features of state courts allow lawyers to go beyond arguments available in federal courts.