The Pennsylvania high court heard oral arguments about whether the sentence violated the state constitution the same week that Colorado’s supreme court rejected similar claims.
So far, only 2 out of 28 cases on the high court’s docket arise from state courts, a surprisingly low number given the regularity with which state courts hear cases implicating federal rights.
The Minnesota Supreme Court recently clarified the limits of “taxpayer standing” in a case challenging the restoration of voting rights to 60,000 people with felony convictions.
Some of the Court’s most important holdings — including on abortion, gun restrictions, and presidential immunity — have implications for state courts and constitutions.
Judicial elections have become major political battlegrounds — complete with dark money, special interests, and attack ads — thanks to several U.S. Supreme Court decisions.
At issue was a series of state laws passed in 2021 that created new hurdles for voting, such as eliminating Election Day voter registration and a ban on paid absentee ballot collection.
Our new Election 2024 page that will collect stories that explain, contextualize, and track all the ways state courts and constitutions matter this election season.
The decision is an extension of fetal personhood protections that have existed and been enforced in Alabama — and many other states — since before Dobbs.
Kate Cox sought an emergency abortion after learning her fetus has a fatal genetic condition. Her case illustrates an emerging set of battles to define the scope of legal exceptions to strict state abortion bans.
Justice Janet Protasiewicz declined to recuse herself from a challenge to the state’s legislative maps, while Republican legislators may be stepping back from impeachment threats.
Contributions
So You Passed a State Constitutional Amendment Protecting Abortion. Now What?
Voter approval of an amendment is often just one step in lengthy legal and political wrangling over state abortion rights.
What We Learned From State Ballot Measures
The results of 2024's state ballot measures reveal mixed voter opinions on abortion, workers’ rights, and direct democracy.
Major Election Rulings in Georgia, Nevada, and Pennsylvania
Courts in battleground states are weighing in on how and whether votes in this election will be counted.
Is a Life Sentence for 'Felony Murder' Unconstitutional?
The Pennsylvania high court heard oral arguments about whether the sentence violated the state constitution the same week that Colorado’s supreme court rejected similar claims.
The U.S. Supreme Court's Declining State Case Docket
So far, only 2 out of 28 cases on the high court’s docket arise from state courts, a surprisingly low number given the regularity with which state courts hear cases implicating federal rights.
What Does Popular Sovereignty Really Mean?
Two new essays unpack recent state supreme court cases about the relationship between direct democracy and the power of state legislatures.
A Primer on Standing in State Courts
The Minnesota Supreme Court recently clarified the limits of “taxpayer standing” in a case challenging the restoration of voting rights to 60,000 people with felony convictions.
What the SCOTUS Term Means for State Courts
Some of the Court’s most important holdings — including on abortion, gun restrictions, and presidential immunity — have implications for state courts and constitutions.
Pennsylvania’s Indigent Defense Crisis Goes to Court
Pennsylvania is not the only state struggling to meet its constitutional obligations to provide representation to people who can’t afford it.
Three U.S. Supreme Court Cases that Transformed State Judicial Elections
Judicial elections have become major political battlegrounds — complete with dark money, special interests, and attack ads — thanks to several U.S. Supreme Court decisions.
Fourth Amendment Lags Behind State Search and Seizure Provisions
State courts have long provided more search and seizure protections than the U.S. Supreme Court — and they sometimes influence federal law.
The Right to Protest and State Constitutions
Free speech protections found in state constitutions could offer broader rights to protesters than the First Amendment.
One Simple Way to Support State Constitutionalism
A symposium grapples with practical barriers to state constitutional development.
Arizona Highlights Risk of 'Zombie' Laws
The U.S. Supreme Court’s Dobbs ruling has breathed new life into long-unenforced abortion laws.
Montana Strikes Down Voting Restrictions
At issue was a series of state laws passed in 2021 that created new hurdles for voting, such as eliminating Election Day voter registration and a ban on paid absentee ballot collection.
State ERAs Take Center Stage
Nevada became the second state in as many months to issue a major abortion ruling based on the state constitution’s equal rights amendment.
What We’ll Be Watching in the 2024 Elections
Our new Election 2024 page that will collect stories that explain, contextualize, and track all the ways state courts and constitutions matter this election season.
Alabama IVF Ruling Puts Spotlight on Fetal Personhood Rights
The decision is an extension of fetal personhood protections that have existed and been enforced in Alabama — and many other states — since before Dobbs.
The Spirit of Aloha vs. the Second Amendment
Quoting the TV show The Wire, the Hawaii Supreme Court observed, “The thing about the old days, they the old days.”
Massachusetts Breaks New Ground in Limiting Youth Punishments
A series of State Court Report essays analyze the broader implications of the ruling.
Texas and the Next Generation of Abortion Fights
Kate Cox sought an emergency abortion after learning her fetus has a fatal genetic condition. Her case illustrates an emerging set of battles to define the scope of legal exceptions to strict state abortion bans.
Judicial Advisory Opinions Explained
State and federal courts differ not just in the substantive rights they recognize but also in how they define judicial power.
Why State Constitutions Matter on Election Day
Two new explainers examine voting rights under state constitutions and how state courts oversee ballot initiatives.
The Stakes in Pennsylvania’s Supreme Court Election
The outcome could have big implications for abortion rights, elections, and more.
New Mexico Supreme Court Hints at a Big Constitutional Change
A footnote in a recent opinion could signal a new method for analyzing state constitutional claims.
Wisconsin Supreme Court Will Consider Voting Maps with All Justices Participating
Justice Janet Protasiewicz declined to recuse herself from a challenge to the state’s legislative maps, while Republican legislators may be stepping back from impeachment threats.
Governor DeSantis vs. Prosecutorial Discretion
Florida is one of several places where prosecutors are being targeted because of their charging decisions.
Welcome to State Court Report
The new commentary, news, and resource hub covers state constitutional developments nationwide.
Catching Up with State Courts
State courts have had a busy summer, with key rulings on abortion, guns, and environmental rights.
The Constitutional Right to Food
Maine’s protections could be used as a stealth vehicle to thwart gun restrictions.
Protecting Against Extreme Punishments
The Supreme Court’s Eighth Amendment jurisprudence has come to obscure what started as robust state constitutional protections.
The Supreme Court and the States
This term, the justices considered cases with widely varying outcomes and major implications for state courts.
New Hurdles for Citizen Ballot Initiatives
Ohio legislators aim to head off an abortion rights constitutional amendment.
Georgia Breaks with Federal Courts on Economic Liberty
The high court struck down an occupational licensing law under the state Due Process Clause.
Getting Racial Bias Off the Jury
Washington innovates on peremptory strikes.
North Carolina Supreme Court Unleashes Partisan Gerrymandering
The court also upheld voter ID and felony disenfranchisement.
State Courts Confront Climate Change
Two lawsuits seek relief from climate change using state constitutions.
What’s Next in Wisconsin
Republican state legislators threaten to upset long-standing norms of judicial independence.
The Post-Dobbs Patchwork of Abortion Rights
Significant decisions come down in Oklahoma and North Dakota.
Massachusetts Protects the Right to Be ‘Rude’ in Town Meetings
“Peaceable and orderly” isn’t the same as “respectful and courteous.”
Stare Decisis in the Spotlight
North Carolina’s reconfigured supreme court will hear two recently decided democracy cases.
A Conversation with Washington Supreme Court Chief Justice Steven C. González
Washington State’s chief justice discusses balls and strikes, diversity on the bench, and the role of state courts in protecting rights.