Peck v. Douglas

This is a declaratory judgment action challenging the constitutionality of the present statutory provisions for appointment and legislative election of justices of the Supreme Court. Briefly put, this litigation calls into question the legality of requiring justices, who assume office as successors to justices who leave the bench prior to the end of their term, to serve out the unexpired term of their predecessor rather than be appointed to an initial six-year term of their own. Since there is no factual controversy, and the parties filed cross motions for summary judgment, the case below was…