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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Hawaii Expands Due Process Rights of Unhoused People
The Hawaii Supreme Court ruled that the state constitution requires the government to hold a hearing before seizing and destroying the belongings of people living on public land.
Fourth Amendment Lags Behind State Search and Seizure Provisions
State courts have long provided more search and seizure protections than the U.S. Supreme Court — and they sometimes influence federal law.
Legislative Efforts to Abolish Qualified Immunity Yield Mixed Results
Colorado and New Mexico have enacted laws to hold police and other officials accountable for state constitutional violations, while other states have broadened immunities.
New Findings Highlight Lack of Diversity on State Supreme Courts
More data and further scholarship is needed to devise policies for promoting a state bench that adequately represents the varied background of the public.
The Search and Seizure Law of State Constitutions
Massachusetts is on the front lines of a movement toward independent state constitutional rights.
States May Close the ‘Open Fields’ Exception to the Fourth Amendment
An appellate court in Tennessee became the latest to reject a significant exception to the federal protection against unreasonable search and seizure.
When May a State Restrict Religious Gatherings?
A challenge to Covid-19–era limits on church services reaches the Delaware Supreme Court.
State Court Oral Arguments to Watch for in May
Issues on the dockets include voting restrictions, gun regulations, and free speech rights.