U.S. Supreme Court Asserts New Shadow Docket Powers Over State Courts

A stay granted in a New York redistricting case expands the Supreme Court’s emergency docket to encompass countless state court rulings.

Cases, Courts, and Constitutions Across the 50 States

Commentary

Texas Two-Steps Away from Government Lawyer Accountability, Montana Does not Follow

The Texas high court cited separation-of-powers concerns when stripping a state disciplinary commission of the authority to pursue certain grievances against executive branch lawyers.

State Courts Interpret the Meaning of Public Education 

The Kentucky Supreme Court’s decision striking down the state’s charter school law comes amid a broader wave of cases examining how state constitutions define the boundaries of school choice.

A Conversation with Michigan Supreme Court Justice Elizabeth Welch  

Justice Elizabeth Welch was elected to the Michigan Supreme Court in 2020 and took the bench in January 2021. In her interview, Welch discusses the challenges of artificial intelligence, Michigan’s protection of natural resources, and the potential value in career disappointments.

Arrest of Black Pastor for Refusing to Show ID Reaches Alabama Supreme Court 

A federal trial court asked the state high court to weigh in on whether police violated the law when they arrested a man who was watering his neighbors’ garden.

State Law Gives Litigators Extra Tools to Counter Originalism

Unique features of state courts allow lawyers to go beyond arguments available in federal courts.

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A project of the Brennan Center for Justice at NYU Law