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Iowa Supreme Court Allows Six-Week Abortion Ban to Take Effect
The court’s stance on reproductive health has shifted dramatically since 2018, when it held that abortion was a fundamental right under the state constitution.
Texas Supreme Court Refuses to Block Ban on Certain Medical Care for Trans Minors
The court said the ban does not infringe on parents’ right to choose medical care for their children.
Pennsylvania’s Indigent Defense Crisis Goes to Court
Pennsylvania is not the only state struggling to meet its constitutional obligations to provide representation to people who can’t afford it.
SCOTUS Allows Emergency Abortions in Idaho — For Now
Litigation over exceptions to abortion bans to preserve the life and health of pregnant people is also pending in multiple state courts.
Eric Ruben
Eric Ruben is an associate professor of law at SMU Dedman School of Law and a fellow at the Brennan Center.
SCOTUS’s Review of Ban on Trans Health Care Highlights Need for State Litigation
Even if the U.S. Supreme Court decides that bans on gender-affirming care for trans youth are constitutional, state courts can strike down such laws under state constitutions.
SCOTUS’s 2nd Amendment Decision Leaves Open Questions for State Courts
The U.S. Supreme Court upheld the disarmament of a domestic abuser in United States v. Rahimi, but litigation over where to draw the line will continue.
Paths Toward Abolishing Qualified Immunity for Violations of State Constitutional Rights
States should not adopt the federal doctrine that shields officials from liability for civil rights violations.
Independent School District No. 12 v. State of Oklahoma
Ruled in a unanimous decision, against the state board and instructed it to dismiss the enforcement proceedings it brought against a district school library over certain books that allegedly violated new state board rules against sexualized content.
State of Washington v. Luthi
Held that an in-court holding cell, even during pretrial hearings when a jury is not present, undermines the presumption of innocence, limits defendants’ ability to confer confidentially with counsel, and is contrary to the “formal dignity” of the courtroom and treating defendants’ respectfully.