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Civil Rights
State constitutions guarantee equality, freedom from discrimination, fair treatment under the law, and a broad range of other civil rights. Issues that regularly crop up in state court include discrimination on the basis of race, ethnicity, national origin, sex, sexual orientation or identity, age, or disability, abuses of power by government actors, as well as the availability of monetary damages for such state constitutional violations.
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State High Courts Split on Laws Letting Survivors of Sexual Abuse Sue After Expiration of Statutes of Limitations
State supreme courts have emphasized different constitutional provisions to decide whether bills reviving time-barred civil causes of action for child sexual abuse claims are constitutional.
Everyone Benefits When Judges Come from a Variety of Backgrounds
Amid attacks on “diversity, equity, and inclusion,” the need for representative state supreme courts is as urgent as ever.
State Challenges to Immigration Enforcement Practices
Recent lawsuits in Wisconsin, New York, and California explore questions about the role of state law in federal immigration enforcement.
The West Virginia Constitution: Mountaineers Are Always Free
An early West Virginia constitution emancipated enslaved people in 1863, more than a year before the U.S. Constitution.
Can the Right to Bear Arms Be Waived?
A solution to the constitutional uncertainty around many state-issued protection orders may come from an overlooked detail in a recent Second Amendment decision from the U.S. Supreme Court.
State Court Oral Arguments to Watch for in November
Issues on the dockets include indigent defense crises in multiple states, what’s been called a “de facto repeal” of citizens’ initiative power, and a voter-approved ban on large-capacity magazines.
Resistance to Public Policies Assisting the Poor
Property owners have challenged programs meant to assist vulnerable populations, alleging they are unconstitutional takings of private property for public use.
The U.S. Supreme Court’s Decision on Trans Healthcare Is Rippling Through State Courts
A North Dakota case upholding a ban on gender-affirming care for trans kids should trouble people who care about the dignity of trans people.