How Are State Supreme Court Justices Selected? [POLICYbrief]
Short video featuring Chris Bonneau and Brian Fitzpatrick
Short video featuring Chris Bonneau and Brian Fitzpatrick
State supreme court justices play a considerable role in interpreting state laws and making common law, with over 250 in the United States. While federal judges are subject to nomination by the president and confirmation by the Senate, state supreme court justices are selected through a variety of different methods.
Why do different states use different methods of selections for their supreme court justices? Prof. Chris Bonneau of the University of Pittsburgh and Prof. Brian Fitzpatrick of Vanderbilt Law School explore the history of state judicial selection methods in the United States.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
Learn more about Chris Bonneau:
https://www.pitt.edu/~cwb7/
Learn more about Brian Fitzpatrick:
https://law.vanderbilt.edu/bio/brian-fitzpatrick
Related Links & Differing Views:
Visit the Federalist Society’s State Courts Guide
http://www.statecourtsguide.com/
Ballotpedia: “Judicial selection in the states”
https://ballotpedia.org/Judicial_selection_in_the_states
National Center for State Courts: “Methods of Judicial Selection”
http://www.judicialselection.us/judicial_selection/methods/selection_of_judges.cfm?state=
Villanova Law Review: “Historical Overview of the Judicial Selection Process in the United States: IS the Electoral System in Pennsylvania Unjustified?”
https://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=1251&context=vlr
Vanderbilt Law Review: “The Ideological Consequences of Selection: A Nationwide Study of the Methods of Selecting Judges”
https://cdn.vanderbilt.edu/vu-wp0/wp-content/uploads/sites/89/2017/11/09122943/The-Ideological-Consequences-of-Selection.pdf
The Federalist Society: “The Case for Partisan Judicial Elections”
https://fedsoc.org/commentary/publications/the-case-for-partisan-judicial-elections-1
Daedalus: “Methods of Judicial Selection and Their Impact on Judicial Independence”
https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1053&context=facpub
Professor of Political Science, University of Pittsburgh
Chris W. Bonneau is Professor of Political Science at the University of Pittsburgh, where he has been since 2002. His research is primarily in the areas of judicial selection (specifically, judicial elections) and judicial decisionmaking. Professor Bonneau’s work has been supported by the National Science Foundation and he has published numerous articles, including in the American Journal of Political Science and Journal of Politics. He is also the coauthor of three books: Strategic Behavior and Policy Choice on the U.S. Supreme Court (2005), In Defense of Judicial Elections (2009), and the award-winning Voters’ Verdicts: Citizens, Campaigns, and Institutions in State Supreme Court Elections (2015).
Professor Bonneau teaches undergraduate classes in constitutional law, judicial politics, and research methods, as well as graduate classes in judicial politics and research design.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.