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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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Reforms Making It Easier to Sue Child Abusers Are Running into Due Process Concerns
The Colorado Supreme Court is the latest to consider whether retroactive extensions of statutes of limitations on child sexual abuse claims violate the state constitution.
Georgia Breaks with Federal Courts on Economic Liberty
The high court struck down an occupational licensing law under the state Due Process Clause.
The Promise of State Constitutions in Restoring Jury Trials
How to bring back the “inviolate” right to a jury trial.
The Post-Dobbs Patchwork of Abortion Rights
Significant decisions come down in Oklahoma and North Dakota.
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.