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State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.
Democracy’s Fate Depends on Both State and Federal Courts
State and federal courts each played a role in stopping a candidate who lost his race for a seat on the North Carolina Supreme Court from throwing out 60,000 votes.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
What Can States Do to Mitigate the Threat of ICE Arrests in Courthouses?
Wisconsin trial Judge Hannah Dugan’s high‑profile arrest renews focus on the impact of ICE enforcement inside state courthouses.
North Carolina Court Enables a Partisan Shift on State Elections Board
The court approved a law to strip the governor’s election board powers, risking creating a precedent for partisan power-grabbing.
Griffin Concedes to Riggs, Ending Six-Month Dispute Over North Carolina Supreme Court Election
The concession follows a federal court decision Monday denying Griffin’s efforts to throw out votes cast in the 2024 election and saying the election must be certified.
Defining Legal Parenthood for Same-Sex Families
Now-unconstitutional bans on same-sex marriage can undermine efforts to establish parental rights even today.
State Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
Wyoming Supreme Court Set to Decide Whether Abortion Is Health Care
A lower court ruled Wyoming’s abortion ban violated a state constitutional amendment guaranteeing the right to make one’s own health care decisions.
