Image
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.
Filters
The Supervisory Power of State Supreme Courts, Explained
High courts’ authority to make rules on topics both mundane and profound can have substantial implications for civil rights and liberties.
Why Territorial Courts Matter to American Law
The courts of five inhabited U.S. territories regularly confront constitutional questions in ways that are uniquely territorial while deeply connected to broader American constitutional debates.
How Far Does the Kansas Constitution Go in Protecting Bodily Autonomy and Dignity?
Two recent transgender rights cases may help answer this question.
The Delaware Constitution: The First of Firsts
Ironically, Delaware is last in allowing its citizens forms of direct democracy.
A Conversation with Professor Robert Williams About the Abortion Case He Lost Four Decades Ago
The Pennsylvania Supreme Court case, which was overturned in 2024, unanimously upheld the state’s ban on funding abortion through state Medicaid.
Fines, Fees, and Bail in State Courts
Recent state supreme court cases, including a major California ruling last week, address the burden of court-imposed financial obligations on criminal defendants.
The Aftermath of Callais
The U.S. Supreme Court’s ruling will embroil state courts in a new wave of battles over gerrymandering and voting rights.
State Court Oral Arguments to Watch for in May
Issues on the dockets include mid-decade redistricting, defendants’ access to social media evidence, and mandatory judicial retirement.