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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 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.
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.
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.