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
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.
State Supreme Courts Weigh In on Police Reform
Recent state decisions have increased accountability for law enforcement and upheld laws aimed at curbing police violence.
Abortion and Trans Rights Advocates Turn to Unlikely Tool in State Constitutions
Lawsuits seeking to expand access to abortion and gender-affirming care rely on GOP-backed “health care freedom" provisions passed to limit the Affordable Care Act.
A Conversation with Justice Anita Earls of the North Carolina Supreme Court
Earls spoke about bias, judicial decision-making in politicized environments, and how voters should assess judicial candidates.
What Does Pennsylvania’s Amendment Barring Race Discrimination Actually Do?
Federal constraints leave a narrow — but important — role for a 2021 state constitutional amendment addressing racial equality.
How Dismissed Claims in Georgia Trump Case Could Be Resurrected
The conduct described in the indictment implicates several state constitutional provisions.