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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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No State Actor, No Problem
Unlike the U.S. Constitution, state constitutions can impose obligations on private actors.
Are State Constitutional Clauses that Strengthen Gun Rights Relevant After Bruen?
States have continued to pursue amendments requiring strict scrutiny for gun restrictions even after the Supreme Court turbocharged the Second Amendment with an originalist approach.
Scholarship Roundup: New Year Edition
The last few months brought a rich array of articles and books about state constitutions, courts, and governance.
State Constitutions Have a Role to Play in the Housing Crisis
Voters in multiple states approved constitutional amendments last year to address housing affordability and access.
Washington Supreme Court Hears Challenge to Ban on Large-Capacity Magazines
The court must navigate confusing U.S. Supreme Court precedent in evaluating the ban.
State Court Cases to Look for in 2025
Courts across the country will issue major rulings this year that will impact abortion rights, criminal justice, and more.
What the SCOTUS Term Means for State Courts
Some of the Court’s most important holdings — including on abortion, gun restrictions, and presidential immunity — have implications for state courts and constitutions.
California Lawsuits Test Boundaries of the Right to Protest
Students and faculty have sued UCLA and UC Santa Cruz for shutting down encampments.