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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 Court Cases to Look for in 2025
Courts across the country will issue major rulings this year that will impact abortion rights, criminal justice, and more.
Texas Suit Against New York Doctor Ushers in New Era of Abortion Litigation
The Texas attorney general alleges a New York physician broke Texas law when she mailed abortion-inducing medication to a woman in Texas.
What the SCOTUS Term Means for State Courts
Some of the Court’s most important holdings — including on abortion, gun restrictions, and presidential immunity — have implications for state courts and constitutions.
Can Sanctuary Cities Survive the Second Trump Administration?
Whether local governments must comply with federal immigration policy largely depends on state law.
Iowa High Court Adds to Confusion Over New Right-to-Bear-Arms Amendment
The court issued a divided decision upholding the state’s gun rights restoration process.
Using State Constitutional Protections to Improve Life Behind Bars
Rulings in Oregon and Utah offer a road map for other state courts.
State Court Oral Arguments to Watch for in January
Issues on the dockets include large-capacity magazines, conversion therapy, and “regulation without representation.”
A Constitution Unique to Montana and Uniquely Montanan
The state’s 1972 charter is populist, pro-conservation, and libertarian.