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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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The Complexity of Lockstepping Post-Bruen
A Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.
State Court Oral Arguments to Watch for in April
Issues on the dockets include parental rights under now-defunct same-sex marriage bans, New York City’s emissions caps for big buildings, and more.
Abortion Rights and Transgender Rights Are Intertwined
As federal courts use the rollback of abortion rights to undermine protections for trans people, Montana’s high court has extended rights in both areas.
Gun Rights, Abortion Bans, and the Mysterious “Right to Travel”
The Massachusetts high court rejected a claim that licensing requirements for nonresidents carrying firearms violated the right to travel.
Montana’s Housing Crisis Fix Survives Constitutional Challenge
Homeowners favoring single-family residences sued to block legislation meant to increase housing supply and bring down home prices.
Idaho’s Constitution Promotes Freedom and Common Welfare
The state is still governed by its original constitution, drafted in 1889.
New State Hurdles to Standing Threaten Abortion Ban Challenges
Georgia’s Supreme Court sent a challenge to the state’s abortion ban back to the trial court to consider if the plaintiffs, including medical providers, had standing to bring the suit.
State Court Oral Arguments to Watch for in March
Issues on the dockets include controversial ballot counting rules, a minimum wage hike, and “dark money” contributions.