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A new law review article offers guidance for state appellate judges interpreting their Eighth Amendment cognates for the first time.
At oral arguments over the constitutionality of mandatory life-without-parole sentences for young adults, several justices suggested the right to be free from “cruel or unusual” punishments might be fundamental.
The court has perhaps never been friendlier to criminal justice reform.
A Massachusetts state court was the first to uphold the right to same-sex marriage on constitutional grounds.
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