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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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State Accountability for Abuse in Foster Care
Children who suffer sexual, physical, and other abuses while in the state’s custody face significant hurdles when they seek justice.
The State Constitutional Rights to Bear Arms After Rahimi
The U.S. Supreme Court’s holding that the disarmament of a domestic abuser was not unconstitutional could incentivize gun-rights advocates to bring their claims in state court.
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.
Texas Supreme Court Refuses to Block Ban on Certain Medical Care for Trans Minors
The court said the ban does not infringe on parents’ right to choose medical care for their children.
Texas Supreme Court to Hear Arguments Over Ban on Gender-Affirming Care for Transgender Minors
Families of transgender children are asking the court to reinstate a temporary injunction blocking the ban.
Paths Toward Abolishing Qualified Immunity for Violations of State Constitutional Rights
States should not adopt the federal doctrine that shields officials from liability for civil rights violations.
Oklahoma Supreme Court Rejects Reparations for Tulsa Race Massacre
The decision is the latest — and perhaps final — blow to the massacre’s two remaining survivors in their decades-long quest for justice.
Hawaii Expands Due Process Rights of Unhoused People
The Hawaii Supreme Court ruled that the state constitution requires the government to hold a hearing before seizing and destroying the belongings of people living on public land.