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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A Conversation About Abortion Rights and the Future of State Constitutions
A retired state supreme court justice, a reproductive rights scholar, and the director of the Brennan Center’s Judiciary Program discuss the role of state courts after the U.S. Supreme Court’s decision that there is no federal constitutional right to abortion.
Why Have States Diverged on Trump’s Ballot Eligibility?
As the U.S. Supreme Court considers whether Trump should be disqualified from the 2024 ballot, it’s worth exploring how state law has impacted outcomes in different states.
Scholarship Roundup: That’s a Wrap on 2023
New publications on state public law focus on topics ranging from constitutional conventions to criminal sentencing.
Wisconsin Supreme Court Will Consider Voting Maps with All Justices Participating
Justice Janet Protasiewicz declined to recuse herself from a challenge to the state’s legislative maps, while Republican legislators may be stepping back from impeachment threats.
State Supreme Courts Reach Opposite Conclusions in Trump Ballot Disqualification Cases
Colorado’s high court kicked Trump off the primary ballot, while Minnesota’s declined to.
2023’s Most Significant State Constitutional Cases
Over a dozen academics, practitioners, and thought leaders weigh in on the most notable state constitutional cases of the year.
Kentucky Supreme Court Weighs Partisan Gerrymandering
Voters are increasingly turning to state constitutions to fight partisan gerrymandering. Will the Kentucky Supreme Court be the next to greenlight such claims?
Efforts to Keep Trump Off 2024 Ballot Move Through State Courts
Courts are considering claims that Trump engaged in an insurrection and is disqualified from running for president under Section 3 of the 14th Amendment.