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Criminal Law
Criminal justice is administered primarily at the state and county level. The vast majority of incarcerated people in the United States are in county and state custody. Constitutional challenges in state courts usually focus on the rights of defendants and incarcerated people.
These cases can address criminal procedure and due process, search and seizure, the right to counsel and a jury trial, criminal jury rights, the right against self-incrimination, bail and excessive fees and fines, admissibility of evidence, sentencing, the death penalty, police misconduct, prison conditions, and habeas.
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State Supreme Court Races to Watch in 2026
More than thirty states will hold elections for supreme court seats this year, including Wisconsin, North Carolina, and Montana where court decisions have been political flashpoints.
The Next Wave of Legislative Assaults on State Courts
Utah’s rush to add seats to its supreme court signals a major escalation in legislative tactics to curb judicial independence.
Florida High Court to Hear Arguments in Politicized “Voter Fraud” Case
The case challenges Gov. Ron DeSantis’s prosecutions of people with felony convictions who thought they were eligible to vote.
State Court Oral Arguments to Watch for in February
Issues on the dockets include affirmative action, partisan gerrymandering, unaffordable bail, and juryless agency trials.
When Can States Prosecute Federal Agents?
Federal precedent permits such prosecutions in limited circumstances, but the legal bar remains high.
Michigan High Court Could Break New Ground in Limiting Excessive Sentences
Michigan could be the first state to rule that life-without-parole sentences for people convicted of “felony murder” are unconstitutional.
Federalism and State Constitutional Rights in 2026
The killing of Renee Good by a federal immigration agent thrust into the spotlight questions about when and how states can hold federal officials accountable.
Florida Supreme Court Refuses to End Non-Unanimous Death Verdicts
The state executed nearly four times as many people as any other state in 2025.