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aliciabannon.bsky.social
Director of the Judiciary Program at the Brennan Center for Justice. Editor-in-chief of State Court Report. All opinions are my own.
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Wondering how we ended up with these highly politicized judicial elections? As with many things, much of the blame falls on SCOTUS. statecourtreport.org/our-work/ana...

This clash between Maine’s governor and President Trump is a good example of how states are playing an important role as a “check and balance” against abuses of power — a dynamic I wrote about in @statecourtreport.bsky.social. statecourtreport.org/our-work/ana...

When it comes to checks & balances, states play a bigger role than most people realize in determining whether and how federal policies get implemented. @aliciabannon.bsky.social looks at the importance of state courts and constitutions in shaping--and curbing abuses of--federal power.

An important story you may have missed with news focused on Trump's executive orders: the losing candidate in a NC Supreme Court judicial race is trying *change election rules after the fact* to overturn the results. @aliciabannon.bsky.social covers the case here: bit.ly/4hCVenj.

CISA has been ordered to freeze all election security work pending an "investigation." DHS has halted all funding to the EI-ISAC, the coordinating hub for the election security community. I fear it is all too obvious where this investigation will go and what it will mean for US election security.

Worth a read. The purpose of the Citizenship Clause was *precisely* to prevent spun up theories based on hypothesized social contract, virtue, allegiance, community membership, etc., from being used to deny citizenship. The 14th Amendment means what it says.

We’re hiring! SDRI is searching for a Legal Director and a Senior Staff Attorney or Staff Attorney. Read more about these positions and apply here: Legal Director posting: go.wisc.edu/d0fq8t Senior Staff Attorney/Staff Attorney posting: go.wisc.edu/37e3w9

If the Trump administration ignores court orders, judges have a range of options available to ensure compliance. Here are some of the most powerful tools at their disposal:

Don't lose sight of states when talking about checks & balances! I wrote in @statecourtreport.bsky.social about how states play a bigger role than many people realize in determining whether & how federal policies get implemented — & in curbing abuses of power. statecourtreport.org/our-work/ana...

NEW: In a dispute over a criminal defendant's access to the victim's diary, the SD high court broadens the state constitutional amendment granting crime victims rights commensurate with those of the accused. @sjquinney.bsky.social's Paul Cassell & Haley Green take a closer look at ‘Marsy’s Law.’

Big news for abortion rights in Missouri.

"One of the most important things that the courts do is ensure that the executive branch does not take more power than it is allowed under the Constitution." — @douglaskeith.bsky.social in @salonnewsroom.bsky.social

The Trump admin says ICE has custody of migrants sent to Guantanamo, but it's DOD guards in Camp 6, a war-on-terror prison. It won't say who is being held incommunicado there, but we are publishing a list of 53 men in Camp 6. w/ @carolrosenbergnyt.bsky.social www.nytimes.com/2025/02/12/u...

My colleagues @aliciabannon.bsky.social commenting on my former colleague @nateraymond.bsky.social’s @reuters.com story. Read all the below, but the TLDR is this: the bar for judicial impeachment is high, and disagreeing with opinions doesn’t even approach it.

It’s been a clear constitutional principle — going all the way back to Justice Chase in 1804 — that we don’t use judicial impeachment to punish judges for their rulings. It’s essential to judicial independence and to our system of checks and balances. www.brennancenter.org/our-work/ana...

Don't lose sight of states when talking about checks & balances! I wrote in @statecourtreport.bsky.social about how states play a bigger role than many people realize in determining whether & how federal policies get implemented — & in curbing abuses of power. statecourtreport.org/our-work/ana...

NEW: Gene Downing, who was sentenced to life in prison at 18 years of age, writes for @statecourtreport.bsky.social about why we need to rethink harsh sentences for young people. statecourtreport.org/our-work/ana...

"The warning lights are blinking red. It is not normal to openly float the idea of defying a court order," @stevespaulding.bsky.social told @law360.bsky.social. "Democracy depends on people following the law. And when you ignore a court order, it undermines that basic principle."

BREAKING: A federal judge has determined that the Trump administration is violating his order lifting the blanket spending freeze on federal grant programs. He is orderin gthe administration to immediately unfreeze funds, including for NIH and the IRA. storage.courtlistener.com/recap/gov.us...

The Trump administration seems to be gearing up to defy a court order, with JD Vance tweeting this morning: “Judges aren’t allowed to control the executive’s legitimate power.” The battle lines for our democracy have been drawn. 1/9

Just a reminder to the White House: If you have a problem with a judge's ruling in the U.S. system, the remedy is to appeal. Ignoring the judge’s order would be blatantly unconstitutional and a shocking abuse of power. /1 www.nytimes.com/live/2025/02...

New casebook! State Constitutional Law: Cases and Principles, by Jessica Bulman-Pozen and me, will be published by Foundation Press this spring and ready for fall classes! We’re happy to chat with anyone who’s thinking of teaching the class.

With CVAP data coming down, the EAC could be a target next. With that in mind, I've archived all the Election Administration and Voting Survey (EAVS) data here. Anyone should be able to access it. drive.google.com/drive/folder...

My thoughts on whether states can enforce their anti-abortion laws against their residents who obtain abortions in pro-choice states. TL; DR: Art IV doctrine’s unclear, but such extra-territoriality risks chaos that SCOTUS might avoid w/ narrow reading of Art IV. statecourtreport.org/our-work/ana...

Last week, a Louisiana grand jury indicted a New York doctor for allegedly mailing abortion-facilitating pills to a Louisiana teenager. We just published this excellent overview by Roderick Hills on which state's laws govern in these kinds of conflicts. statecourtreport.org/our-work/ana...

In honor of Black History Month, resharing this fascinating piece on the first Black state supreme court justice, Jonathan Jasper Wright. He briefly sat on the South Carolina Sup Ct in the 1870s. It was almost 100 years before we saw another Black justice. www.brennancenter.org/our-work/ana...

We're hiring! Come join @brennancenter.bsky.social as a Research Fellow/Senior Research Fellow doing research on the Supreme Court and SCOTUS reform. You'll have the opportunity to develop and execute original research and work with awesome colleagues. brennancenter.applytojob.com/apply/t5dC94...

This Louisiana prosecution of NY doctors raises a mess of legal issues about jurisdiction, which state’s laws apply, and more. @maryrziegler.bsky.social sketched out all the questions raised by these interstate conflicts in @statecourtreport.bsky.social statecourtreport.org/our-work/ana...

A young civil rights attorney Kiah Duggins passed away in the tragic DC plane crash last night. She wrote some amazing articles about the law and justice that I will share in the subsequent thread. May her memory be a blessing ❤️

The first rule of election law is you can't change election rules after the fact, but that's just what a NC Supreme Court race's losing candidate is trying to do. @aliciabannon.bsky.social highlights the democratic backsliding the case signals and the role of courts in preserving democracy.

There are a number of significant state supreme court arguments in February, covering the right to counsel, speech rights, abortion access, and more. @erings.bsky.social & @skess108.bsky.social preview them for @statecourtreport.bsky.social statecourtreport.org/our-work/ana...

Even with so much going on, this fight for a NC Supreme Court seat is really important to keep your eye on.

I wrote about litigation seeking to overturn the results of the NC Sup Ct election. It draws into question a bedrock election law principle: you can’t change the rules of an election after the fact. It's a big test of whether our cts will uphold democratic norms. statecourtreport.org/our-work/ana...

Want to know the latest in state constitutional scholarship? Don't miss @miriamseifter.bsky.social's scholarship round-up for @statecourtreport.bsky.social ! statecourtreport.org/our-work/ana...

Wait, whaaaaat? @brennancenter.bsky.social is hiring ANOTHER RESEARCH FELLOW??? To work on projects related to the U.S. Supreme Court and Supreme Court reform???? If you want to do research that matters these days, there worse places to go than Brennan. brennancenter.applytojob.com/apply/t5dC94...

www.politico.com/news/2025/01...

A coalition of state attorneys general plans to file suit to block an order from the White House budget office that would freeze all federal grant programs by 5 p.m. Tuesday. Among the states joining the suit are New York, California, Illinois, New Jersey, Rhode Island, Massachusetts and Delaware.

We're hiring! Come join @brennancenter.bsky.social as a Research Fellow/Senior Research Fellow doing research on the Supreme Court and SCOTUS reform. You'll have the opportunity to develop and execute original research and work with awesome colleagues. brennancenter.applytojob.com/apply/t5dC94...

Via Politico: The Council of Inspectors General say Trump’s attempted purge is NOT “legally sufficient to dismiss” IGs, because it clearly violates federal law. Suggests that at least some IGs will attempt to remain at their posts. Get ready for a court battle.

In a letter filed today, DOJ has told SCOTUS that it is withdrawing its amicus brief in the Louisiana racial gerrymandering case and no longer wishes to participate in oral argument.

SCOTUS just granted cert in Oklahoma Charter School Board v. Drummond, an appeal of a state court ruling barring OK from approving a Catholic school as a public charter school. Read Aaron Saiger's analysis of the OK ruling in @statecourtreport.bsky.social statecourtreport.org/our-work/ana...