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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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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.
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.
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.
Texas Supreme Court Rejects Call to Clarify Exception to Abortion Ban
Plaintiffs who suffered severe physical and emotional harm after being denied abortions claimed the medical exceptions to the ban are unclear and unconstitutional.
State Supreme Court Oral Arguments to Watch for in April
Issues on the dockets include voting rights, abortion rights, and separation of powers.
State Constitutional Obligations: Access to Courts, Remedies, and Rights in Civil and Criminal Cases
Transcript of panel from Symposium: The Promise and Limits of State Constitutions