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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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SCOTUS’s Review of Ban on Trans Health Care Highlights Need for State Litigation
Even if the U.S. Supreme Court decides that bans on gender-affirming care for trans youth are constitutional, state courts can strike down such laws under state constitutions.
SCOTUS’s 2nd Amendment Decision Leaves Open Questions for State Courts
The U.S. Supreme Court upheld the disarmament of a domestic abuser in United States v. Rahimi, but litigation over where to draw the line will continue.
Paths Toward Abolishing Qualified Immunity for Violations of State Constitutional Rights
States should not adopt the federal doctrine that shields officials from liability for civil rights violations.
Oklahoma Supreme Court Rejects Reparations for Tulsa Race Massacre
The decision is the latest — and perhaps final — blow to the massacre’s two remaining survivors in their decades-long quest for justice.
A Conversation with Chief Justice Loretta H. Rush of the Indiana Supreme Court
The chief justice talked about the Indiana’s lawyer shortage and the importance of judges getting out into their communities.
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.