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Civil Due Process
State constitutions generally protect both procedural and substantive due process rights. Many state constitutions also include rights to access the courts. State courts review a broad range of civil due process questions, including claims of inadequate procedures in civil and administrative proceedings, questions about standing and the right to a jury in civil matters, fundamental rights claims rooted in substantive due process, and claims about unfair procedures or inadequate access to justice.
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Montana’s Housing Crisis Fix Survives Constitutional Challenge
Homeowners favoring single-family residences sued to block legislation meant to increase housing supply and bring down home prices.
Maryland Supreme Court Affirms Crime Victims’ Rights in Adnan Syed Murder Case
The 2000 conviction in the high-profile case was reinstated but Syed remains free pending a new hearing.
New State Hurdles to Standing Threaten Abortion Ban Challenges
Georgia’s Supreme Court sent a challenge to the state’s abortion ban back to the trial court to consider if the plaintiffs, including medical providers, had standing to bring the suit.
Does the Arizona Constitution Allow Juryless Trial by Bureaucrats?
A case in Arizona calls into question the constitutionality of an administrative hearing in which the owners of a business were found guilty of fraud.
Pennsylvania Supreme Court Upholds Laws Barring Cities from Passing Gun Safety Regulations
The case raised state constitutional challenges to laws giving the legislature sole authority over gun regulation.
State Court Oral Arguments to Watch for in December
Issues on the dockets include school funding, protection of children in foster care, and the death penalty.
State Court Oral Arguments to Watch for in September
Issues on the dockets include climate change, redistricting, and lawsuits by victims of child sexual abuse.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.