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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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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.
Executive Orders and Threatened Cuts Challenge Public Education and the Courts
Education rights expert Joshua Weishart discusses the effects of Trump’s education policy changes and how states are pushing back.
The Utah Constitution Is ‘Distinctively Undistinctive’
The original charter sought to limit the influence of the state’s distinct religious history.
When May a State Restrict Religious Gatherings?
A challenge to Covid-19–era limits on church services reaches the Delaware Supreme Court.
State Constitutional Resources We Love
For those who want to know more about state constitutions, a compilation of tools including case databases, interactive maps, and more.
No State Actor, No Problem
Unlike the U.S. Constitution, state constitutions can impose obligations on private actors.
Are State Constitutional Clauses that Strengthen Gun Rights Relevant After Bruen?
States have continued to pursue amendments requiring strict scrutiny for gun restrictions even after the Supreme Court turbocharged the Second Amendment with an originalist approach.