Voting Rights and Elections
Nearly every state constitution includes an explicit right to vote, and many state constitutions have “free election” provisions, as well as provisions relating to redistricting, voter eligibility and registration, ballots access, and more. State constitutions also guarantee equal protection, speech, assembly, and other rights. State constitutions have taken on greater significance in the aftermath of Rucho v. Common Cause, in which the U.S. Supreme Court ruled that the Constitution cannot be used to address partisan gerrymandering, and a series of Supreme Court decisions limiting voters’ rights under the 14th and 15th Amendments and the Voting Rights Act.
State supreme courts around the country are being presented with challenges to voting district maps that are gerrymandered along partisan or racial and ethnic lines, litigation regarding ballot initiatives and ballot access, and challenges to laws that restrict voter eligibility or access, including reduced voting hours, felony disenfranchisement, or onerous voter identification requirements.
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State Court Oral Arguments to Watch for in May
Issues on the dockets include voting restrictions, gun regulations, and free speech rights.
Where Abortion Rights Could Be on the Ballot in 2024
As many as 14 states could have abortion-related constitutional amendments on the ballot this year.
Scholarship Roundup: End of Semester Edition
Recent articles address states taking policy questions away from courts, standing in election cases, and state shadow dockets.
What’s Next for Marijuana Legalization in Florida
Even if Florida voters pass an initiative allowing recreational marijuana, lawmakers may try to limit the right.
Georgia Courts to Consider Legislative Oversight of Prosecutorial Discretion — Again
District attorneys in Georgia are challenging a statute that allows elected prosecutors to be disciplined and removed for their prosecutorial decisions and speech.
State Courts Diverge In Latest Wave of Abortion Litigation
Decisions in Arizona, Florida, Nevada, and Pennsylvania highlight stark contrasts in how courts approach reproductive rights.
A Conversation with Justice Goodwin H. Liu of the California Supreme Court
Liu spoke about how judicial decisions affect citizens, the state’s system of direct democracy, and the importance of educating law students about state courts.
Sign a Petition? Your Support May Not Count
Arizona’s ballot security process disenfranchises voters engaging in direct democracy.