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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The Oldest State Court Makes a Case for Embracing Change
Massachusetts’s high court rejected the U.S. Supreme Court’s narrow approach to determining fundamental rights in favor of a comprehensive analysis that considers evolving equality norms.
3 Takeaways About Abortion Litigation Since Dobbs
Dozens of legal cases around the country are challenging abortion bans.