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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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Case Trends: State Courts Grapple with Gun Rights
Multiple courts last year upheld state laws that restricted the right to bear arms. Courts also struggled to interpret related U.S. Supreme Court decisions.
New Year Scholarship Roundup: Federal-State Conflict, State Courts, and Election Administration
Several new articles explore state power in times of federal-state and interstate conflict.
2026 Abortion-Related Ballot Measures
Ballot measures continue to be a tool in the fight over abortion rights, with some states attempting to expand rights and others looking to shore up restrictions.
Federalism and State Constitutional Rights in 2026
The killing of Renee Good by a federal immigration agent thrust into the spotlight questions about when and how states can hold federal officials accountable.
Voting Rights and Democracy in State Courts
Transcript of panel from Symposium: The Power of State Constitutional Rights
State Constitutional Amendments and State Conventions
Transcript of panel from Symposium: The Power of State Constitutional Rights
The Diversity of Rights in State Constitutions
Transcript of panel from Symposium: The Power of State Constitutional Rights
The Tennessee Constitution: “Least Imperfect and Most Republican of the State Constitutions”
The state’s 1870 constitution still governs, though suffrage battles, balance of power shifts, and changing political views have modernized it over time.