Education
Every state constitution includes language mandating the establishment of a public education system. At least 15 state constitutions and multiple state statutes hold that public education is “essential to the preservation of rights and liberties of the people” or necessary to maintain a government “by the people.” Many state courts have considered state constitutional challenges rooted in the right to education or an adequate education — a guarantee that is not included in the U.S. Constitution.
Educational issues include inadequate or inequitable funding, efforts to ban books, limits on teaching “critical race theory,” access or limits to charter schools and vouchers, education tax structures, educational accommodations, teacher tenure and pensions, gender identity policies, school discipline, and limits to a school board’s authority.
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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.
State Court Oral Arguments to Watch for in February
Issues on the dockets include affirmative action, partisan gerrymandering, unaffordable bail, and juryless agency trials.
State Court Oral Arguments to Watch for in January
Issues on the dockets include legislative responses to Missouri’s voter-approved reproductive rights amendment, Utah’s execution methods, and Idaho’s school-choice program.
The West Virginia Constitution: Mountaineers Are Always Free
An early West Virginia constitution emancipated enslaved people in 1863, more than a year before the U.S. Constitution.
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.
Do State Constitutions Demand a Monopoly for Public Schools?
Courts across the country are considering whether school-choice programs violate state constitutions.
How Will Federal Funding Cuts Impact State Budgets?
Fiscal provisions found in every state constitution constrain states’ ability to work around budget shortfalls.
State Court Oral Arguments to Watch for in September
Issues on the dockets include charter schools, minimum wage for live-in caregivers, online arbitration agreements, and a controversial handwritten date requirement for mail ballots.