Kathrina Szymborski Wolfkot is the managing editor of State Court Report and a senior counsel in the Judiciary Program at the Brennan Center for Justice.
Abortion-rights ballot measures failed in three other states, including Nebraska, where voters instead amended the constitution to limit abortion access.
Courts in some states have ruled that laws requiring parental consent for abortion are unconstitutional, while Idaho forbids nearly all medical care for children without parental consent.
The Pennsylvania Supreme Court is considering whether requiring life in prison without the possibility of parole for so-called felony murder is unconstitutional.
The court’s stance on reproductive health has shifted dramatically since 2018, when it held that abortion was a fundamental right under the state constitution.
The vast majority of cases aiming to remove Trump from the ballot have been dismissed, but without deciding whether he’s eligible to hold the presidency.
The plaintiffs include 20 women who were denied abortion care and two doctors who say Texas’s abortion bans prevent them from meeting their ethical obligations.
The decision marks the first time a supreme court has addressed the constitutionality of warrants asking search companies to identify everyone who ran a given search.
Though U.S Supreme Court justices pledged respect for acquittals earlier this week, state courts have proven more willing to protect people from serving prison time for crimes a jury found they didn’t commit.
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2024’s Most Significant State Constitutional Cases
Legal experts identified the most important cases that advanced state constitutional rights this year.
State Constitutional Protections for Transgender People After Skrmetti
A review of recent litigation in state courts provides hints about the future of trans rights.
Voters in Seven States Pass Measures to Protect Abortion
Abortion-rights ballot measures failed in three other states, including Nebraska, where voters instead amended the constitution to limit abortion access.
Access to Reproductive Health Care for Minors Is a Political Flash Point
Courts in some states have ruled that laws requiring parental consent for abortion are unconstitutional, while Idaho forbids nearly all medical care for children without parental consent.
Voters in California, Colorado, and Hawaii Signal Support for Marriage Equality
As federal same-sex marriage rights appear increasingly vulnerable, voters are removing discriminatory language from their state constitutions.
Pennsylvania Faces a Moment of Truth for Life Without Parole
The Pennsylvania Supreme Court is considering whether requiring life in prison without the possibility of parole for so-called felony murder is unconstitutional.
What’s at Stake in the 2024 Ohio Supreme Court Elections
The outcome of the races for three seats on the high court could impact Ohio law on abortion, voting rights, gun regulations, and more.
Why Are State Constitutional Challenges to Inhumane Prison Conditions So Rare?
Weak federal protections present an opportunity for state supreme courts to apply their states’ bans on cruel punishment to prison conditions.
Iowa Supreme Court Allows Six-Week Abortion Ban to Take Effect
The court’s stance on reproductive health has shifted dramatically since 2018, when it held that abortion was a fundamental right under the state constitution.
State Supreme Courts Weigh In on Police Reform
Recent state decisions have increased accountability for law enforcement and upheld laws aimed at curbing police violence.
Unpacking the Legal Challenges to Trump’s Ballot Eligibility
The vast majority of cases aiming to remove Trump from the ballot have been dismissed, but without deciding whether he’s eligible to hold the presidency.
South Carolina High Court Hears Challenge to Firing Squads and Electric Chair
States have increasingly turned to antiquated, painful methods of execution in response to shortages of lethal injection drugs.
Students and Parents Bring State Constitutional Challenges to Racial Segregation in Schools
Seventy years after Brown v. Board of Education, state constitutions may be the best path to desegregation.
2023’s Most Significant State Constitutional Cases
Over a dozen academics, practitioners, and thought leaders weigh in on the most notable state constitutional cases of the year.
Texas Supreme Court to Determine Scope of ‘Medical Emergency’ Exceptions to Abortion Bans
The plaintiffs include 20 women who were denied abortion care and two doctors who say Texas’s abortion bans prevent them from meeting their ethical obligations.
Kansas Online Court System Faces Long Recovery Time After Cyberattack
The outage underscores the hurdles the public faces accessing court information across the country.
Colorado Supreme Court Upholds Controversial Google Keyword Warrant
The decision marks the first time a supreme court has addressed the constitutionality of warrants asking search companies to identify everyone who ran a given search.
States and Feds Diverge on Fair Sentencing Practices
Though U.S Supreme Court justices pledged respect for acquittals earlier this week, state courts have proven more willing to protect people from serving prison time for crimes a jury found they didn’t commit.
Using State Constitutional Protections to Improve Life Behind Bars
Rulings in Oregon and Utah offer a road map for other state courts.