Economic and Labor Rights
State constitutions include provisions protecting economic liberty, or the right to engage in work without undue interference; property rights, including protections against takings; and provisions that protect workers’ rights. Florida’s constitution, for example, protects the right “to be rewarded for industry,” and Montana protects the right to pursue “life’s basic necessities.” Illinois’s constitution protects workers’ right to organize and bargain collectively. Washington’s privileges and immunities clause has been used to strike down a law excluding dairy workers from overtime pay.
State supreme courts hear challenges related to business regulations and occupational licensing requirements, dangerous work environments, inadequate wages and hour requirements, collective bargaining rights, public employee benefits, and other issues.
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"Liberty" is a Big Word, and That’s OK
A recent abortion rights decision in North Dakota demonstrates that the distinction between “fundamental” and “non-fundamental” rights doesn’t always make sense in state constitutional jurisprudence.
State Court Oral Arguments to Watch for in December
Issues on the dockets include taxpayers’ standing to sue, incarcerated people’s rights to acquire property, and claims Instagram’s design is addictive.
IVF Users Face Uncertain Legal Landscape
State courts are grappling with questions like ownership over and rights for embryos.
States Pass Constitutional Amendments on Redistricting, Parental Rights, Water Preservation, and More
Californians approved a much-watched amendment that allows the use of a new congressional map.
State Court Oral Arguments to Watch for in November
Issues on the dockets include indigent defense crises in multiple states, what’s been called a “de facto repeal” of citizens’ initiative power, and a voter-approved ban on large-capacity magazines.
Resistance to Public Policies Assisting the Poor
Property owners have challenged programs meant to assist vulnerable populations, alleging they are unconstitutional takings of private property for public use.
Hawaii’s Midwives Challenge Law Criminalizing Traditional Birthing Practices
Many Native Hawaiians rely on lay midwives to provide culturally sensitive reproductive health care.
2025 Ballot Measures to Watch
Voters will decide whether to amend their state constitutions or statutes regarding redistricting, voting, firearm access, parental rights, taxes, and more.