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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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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.
Wyoming Supreme Court Strikes Down Laws Banning Abortion
The court ruled that laws criminalizing abortion violated the state’s “health care freedom” amendment, passed in 2012 to limit the reach of the Affordable Care Act.
Pennsylvania Rejects Federal “Administrative Warrants” and Restores Renters’ Privacy
A state appellate court’s decision underscores the continuing vitality of independent state constitutional law to reject federal doctrine — and to protect personal privacy.
State Court Oral Arguments to Watch for in January
Issues on the dockets include legislative responses to Missouri’s voter-approved reproductive rights amendment, Utah’s execution methods, and Idaho’s school-choice program.