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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...

submitted 1 day ago • 0 comments

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...

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NEW: While the US Constitution is bound by the state action doctrine, state constitutional protections aren't limited to government conduct and extend into the private sphere. @carloschevere.bsky.social gives a fascinating overview of how expansive state constitutions apply rights to private actors.

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UPDATE: Today, transportation secretary Sean Duffy sent a letter notifying Gov. Kathy Hochul that President Trump planned to revoke federal approval for NYC's Congestion Pricing program. Check out @johnsurico.bsky.social's updated piece on the stakes of ongoing litigation regarding the program.

submitted 4 days ago • 0 comments

The U.S. Constitution generally applies to only governmental actions, not to behavior by private actors. But that's not always true of state constitutions. Isn't that interesting? Read all about it in this fascinating article by @carloschevere.bsky.social for @statecourtreport.bsky.social.

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Many thanks to the @statecourtreport.bsky.social and the @brennancenter.bsky.social for the opportunity to discuss my article, which will be published in the Syracuse Law Review. I am truly grateful for this amazing opportunity ❤️🇵🇷 #StateConstitutionalLaw statecourtreport.org/our-work/ana...

submitted 4 days ago • 0 comments

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.

submitted 5 days ago • 0 comments

NEW: Turmoil over who controls the Arkansas Supreme Court is coalescing in a standoff that will likely end in litigation or intervention by the state legislature. @dlbeditorial.bsky.social analyzes the battle and its implications for the public's trust in the courts.

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Check out @maryrziegler.bsky.social's piece on this cross-border case that's a harbinger of the types of abortion-related state court litigation we can expect going forward.

submitted 6 days ago • 2 comments

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.

submitted 6 days ago • 0 comments

Calling historians, legal scholars, and constitutional studies crowd! The State Constitutions Lab will hold our first seminar of the year with Adam Sopko (Wisconsin) on Feb 27 @ 1 PM (EST) to discuss his essay "The Supervisory Power of State Supreme Courts" RSVP here: forms.gle/DL1DLb2tdfMj...

submitted 7 days ago • 0 comments

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

submitted 9 days ago • 0 comments

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.’

submitted 9 days ago • 1 comment

Young people in MT, HI, and NM have had success arguing that state policies promoting fossil fuels violate their state constitutional rights, in lawsuits similar to the one the Virginia Supreme Court considered taking up earlier this week.

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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...

submitted 11 days ago • 2 comments

Today, the SC high court heard oral arguments to determine whether the “fetal heartbeat”—the point after which abortions are banned in the state—occurs at the sixth or ninth week of pregnancy. We previously covered the court's backtracking on the constitutionality of the fetal heartbeat law here:

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NEW: States and their courts play a much bigger role than many people realize in determining whether and how federal policies get implemented. @aliciabannon.bsky.social wrote about the role states play in curbing abuses of power. A must-read for these fraught times!

submitted 11 days ago • 1 comment

NEW: At 18 years old--legally considered an adult but still a child in every meaningful [email protected]'s Gene Downing was sentenced to life in prison. He writes about his experience and the potential for state courts to protect young people from life-altering harsh sentences.

submitted 11 days ago • 0 comments

In light of gestures wildly all this, a reminder that state constitutions can better protect our rights than federal law. Read & search the full text of your state's at @uwlawdemocracy.bsky.social's 50Constitutions.org, newly updated w/ full constitutional amendment histories for ten states.

submitted 12 days ago • 3 comments

A Republican judge in North Carolina is STILL trying to steal an election for the state Supreme Court that he lost, hoping robed partisans in the state judiciary will nullify enough valid ballots to push him over the finish line. Big updates with @maryharris.bsky.social: slate.com/news-and-pol...

submitted 12 days ago • 9 comments

The losing candidate for a seat on the North Carolina Supreme Court is seeking to overturn the electoral win by a current court member, Justice Allison Riggs. His strategy: invalidate more than 60,000 legally cast votes.

submitted 13 days ago • 6 comments

ICYMI: With headlines focused on Trump's executive orders, you might have missed news of the losing candidate in a NC Supreme Court judicial race trying to throw out over 60K votes and overturn the election. @aliciabannon.bsky.social breaks down what you need to know about the case:

submitted 13 days ago • 2 comments

For more info on how anti-abortion activists are working to revive and weaponize the 150-year-old Comstock Act, check out our past #podcast with Greer Donley, Associate Professor and Reproductive Justice Scholar at University of Pittsburgh School of Law: www.reprosfightback.com/episodes-blo...

submitted 16 days ago • 0 comments

NEW: Anti-abortion activists are using a more than 150-year-old federal obscenity law to undermine reproductive rights, even in states where abortion is legal. @maryrziegler.bsky.social discusses the stakes of state court litigation we can expect this year regarding the 1873 Comstock Act.

submitted 17 days ago • 0 comments

If the federal government scales back its emergency relief, can states fill the gap? In a piece last year, @kevintfrazier.bsky.social explored state constitutions’ language on emergency response powers, and why such language deserves more attention:

submitted 17 days ago • 0 comments

The Trump admin's education policies defy the virtual unanimity of both federal & state courts "that the primary legal purpose of public education is to democratize schoolchildren." Check out this timely piece from @joshuaweishart.bsky.social on the potential for state constitutions to push back.

submitted 19 days ago • 2 comments

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...

submitted 20 days ago • 0 comments

NEW: When a citizen of an anti-abortion state travels to another state to receive the procedure, which state’s law should apply? @nyulaw.bsky.social's Roderick M. Hills dives into the literature and legal doctrine on states' competing jurisdiction over abortion.

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NEW: If SCOTUS' Bruen decision strengthened gun rights beyond state constitutional clauses requiring strict scrutiny, why are gun rights advocates still pursuing them? Eric Ruben examines these amendments' appeal despite their apparent redundancy.

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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...

submitted 23 days ago • 1 comment

Our annual roundup finds that last year, legislators in 20 states introduced bills attacking judicial independence. It frequently happened in places where courts were hearing cases about abortion or gun control.

submitted 23 days ago • 3 comments

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...

submitted 24 days ago • 0 comments

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.

submitted 24 days ago • 0 comments

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...

submitted 24 days ago • 0 comments

Mark your calendars 🗓️ @skess108.bsky.social and @erings.bsky.social's monthly state court oral argument roundup just dropped. Issues on the docket in February include a fetal heartbeat law, police use of force, and academic freedom.

submitted 25 days ago • 0 comments

The New Mexico Supreme Court struck down an attempt by conservative activists to create "sanctuary cities for the unborn": localities that outlaw abortion despite the state's expansive protections for the procedure. Martha Davis covers the case here:

submitted 25 days ago • 0 comments

NEW: In states with abortion bans, how do doctors determine when a medical emergency triggers an exception? In her latest piece, @maryrziegler.bsky.social examines the life and death consequences of the complicated and ever-shifting post-Dobbs reproductive rights landscape.

submitted 26 days ago • 5 comments

NEW: Looking for some fresh reading material? Check out @miriamseifter.bsky.social's New Year roundup of new articles and books on a wide range of topics about state constitutions, courts, and governance.

submitted 27 days ago • 0 comments

The WA Supreme Court heard oral arguments in a gun rights case about the constitutionality of the state's ban on high-capacity magazines. @erin_gs wrote about the court's struggle to make sense of confusing SCOTUS precedent in evaluating the ban. bit.ly/40Gzhhp

submitted 27 days ago • 0 comments

One of the BIG legal issues right now is what happens when state & local laws conflict. New Mexico recently had a major ruling striking down local abortion restrictions as preempted by state law. Martha Davis analyzes the case for @statecourtreport.bsky.social statecourtreport.org/our-work/ana...

submitted 30 days ago • 2 comments

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...

submitted 30 days ago • 2 comments

"Sanctuary cities for the unborn"? Not so fast, says the New Mexico Supreme Court, which earlier this month struck down an attempt by conservative activists to create localities that outlaw abortion despite the state's expansive protections for the procedure. Martha Davis covers the case here:

submitted 30 days ago • 1 comment

Follow our State Court Report contributor starter pack to keep on top of all the latest state constitutional and state court developments. No better time as SCOTUS and the federal government abandon the work of protecting our civil rights. go.bsky.app/BDkEqA7

submitted 31 days ago • 1 comment

NEW: Despite the US Constitution protecting the right to trial by jury, many US states use juryless administrative hearings in their stead. Timothy Sandefur considers the constitutionality of such practices in his review of a recent case in AZ.

submitted 32 days ago • 0 comments

While everything goes on, everything still goes on. I listened to a WA SC args last week over banning large capacity magazines. I could write 5,000 words on it. At least half would be on how much Bowie knives were discussed.

submitted 32 days ago • 0 comments

Sharing an incredible resource for people looking to follow the legal changes on immigration under Trump. A law professor and numerous students at Yale Law and Stanford Law will be tracking and summarizing every change in immigration policy. immpolicytracking.org/home/

submitted 36 days ago • 74 comments