What is the job of state Supreme Courts? How are state Supreme Court Justices selected?
The Supreme Court of Colorado has kicked former president Donald Trump off the 2024 ballot. The move has put the focus on the role of this judicial body.
The Supreme Court of Colorado has caused a stir by kicking former president Donald Trump off the 2024 presidential ballot for his role in the attack on the US Capitol.
This move will have major consequences, and the public is waiting on what legal proceedings will follow after the state court’s ruling.
What is the job of state Supreme Courts?
Each state in the US has its own Supreme Court, although the body can vary somewhat and go by different names from state to state.
These courts are the highest appellate courts in the judicial systems of individual US states, and have the last word on legal matters that involve state law.
State Supreme Courts primarily serve as appellate courts, which means they hear appeals from lower courts. This includes cases that have already been heard in trial courts within the state. The decisions made by state Supreme Courts are final unless there are federal constitutional issues involved, which could then be appealed to the US Supreme Court.
READ ALSO: Trump removed from the 2024 ballot in Colorado by the Supreme Court
The power to resolve election disputes
State Supreme Courts also have the authority to interpret and clarify state laws, including the state constitution. Their decisions on legal issues set precedents that guide lower courts and legal practitioners within the state.
These courts often exercise the power of judicial review, allowing them to assess the constitutionality of laws or government actions within the scope of the state constitution. This ensures that state laws comply with both state and federal constitutional provisions.
The judicial body can also have a role in the resolution of election disputes. State Supreme Courts are often the final arbiter in such conflicts. This includes cases involving contested election results, challenges to the eligibility of candidates, or disputes over the interpretation and application of election laws.
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How are state Supreme Court Justices selected?
There are two ways by which state Supreme Court justices are chosen: they can either be appointed or elected. In 26 states and Washington, D.C., they are appointed either directly by the governor, or through a nominating commission that recommends candidates to the governor.
The other 24 states elect state Supreme Court Justices through elections. In non-partisan elections, the candidates run without being affiliated to any party; in partisan judicial elections, they have party affiliations; and in a legislative vote they are chosen by the state legislature.