Alice Clapman is a reproductive rights litigator and former senior counsel at the Brennan Center, where she worked on voting rights and election security.
This past election, some state courts stepped in to protect the citizen initiative process from state-sponsored deception, while others refused. Their decisions influenced election outcomes.
In striking down an abortion ban in South Carolina and upholding one in Idaho, state high courts are grappling with the use of history in constitutional interpretation.
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State Politicians Broaden Attacks on Direct Democracy
Multiple state legislatures have taken steps to make it more difficult for citizens to amend their laws.
DeSantis and His Allies Go to War Against Direct Democracy
In a blatant power grab, the Florida governor and some legislators seek to remove one of the only remaining checks on their authority.
State Courts Can Provide Much-Needed Protection From Voter Deception
This past election, some state courts stepped in to protect the citizen initiative process from state-sponsored deception, while others refused. Their decisions influenced election outcomes.
Arizona and North Dakota Voters Reject Efforts to Curb Direct Democracy
Lawmakers asked voters to surrender some of their power to place issues directly on state ballots. Voters refused.
Direct Democracy Under Attack
Courts in Utah and Michigan recently blocked legislative assaults on the ballot initiative process.
How Courts Oversee Ballot Initiatives
State courts — and to some degree federal courts — play a significant role in every stage of the direct democracy process.
Abortion Cases Take Originalism Debate to the States
In striking down an abortion ban in South Carolina and upholding one in Idaho, state high courts are grappling with the use of history in constitutional interpretation.