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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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Natural Rights in State Courts
State constitutional provisions broadly protecting “inherent rights” do real work.
What this Year’s SCOTUS Term Means for State Courts
Several rulings will impact the power of state courts and the cases that come before them.
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.
New York’s First Constitution Was a Reaction to British Rule
The constitution, which served as a model for parts of the U.S. Constitution, adopted many policies of the English legal system.
State Courthouses in the ICE Age
The Trump administration’s actions signal a sea change in immigration enforcement and a broader assault on state and local governments.
What Can States Do to Mitigate the Threat of ICE Arrests in Courthouses?
Wisconsin trial Judge Hannah Dugan’s high‑profile arrest renews focus on the impact of ICE enforcement inside state courthouses.
ICE’s New Courthouse Arrest Policy Set Them on a Collision Course with State Courts
The arrest of a Wisconsin judge comes after ICE walked back policies designed to ensure communities wouldn’t be afraid to access courts
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.