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State Courts Can and Should Do More to Protect Voters
State constitutional clauses collectively elevate the status of voters as a group, giving state courts a strong reason to use a separation of powers analogy against efforts to curtail voting rights.
State v. McAlpin
Dissent would have held that defendants have a constitutional right to hybrid representation, in which defendant and defense counsel share responsibilities
City of Wells Fargo v. McAllister
Held that the constitution's "quick take" takings provision allowing the government to acquire a right of way over private properties applies to a sewage project, not only roads and highways
Derek Clinger
Derek Clinger is a senior staff attorney for the State Democracy Research Initiative at University of Wisconsin Law School.
Wisconsin’s Legislative Vetoes Go to Court
The Wisconsin Supreme Court is set to decide whether a legislative committee can override executive branch decisions.
State v. Morel-Vargas
Ruled defense counsel's representation that the defendant waived his right to testify, together with the defendant's silence, satisfied constitutional requirement for a valid waiver
Hicks v. 2021 Hawaii Reapportionment Commission
Held that the reapportionment commission satisfied redistricting provisions even though the plan does not meet every guideline because it considered those guidelines alongside other policy objectives
Aguirre v. Elko County Sheriff's Office
Held that there is no civil forfeiture exception to the constitution's homestead exemption and public policy does not support the creation of such an exception
Benson v. McKee
Evaluated the legislature's constitutional authority to enact legislation protecting abortion access, but dismissed the case on standing grounds
Harkenrider v. Hochul
Held that congressional and state senate reapportionment plans failed to follow constitutional process and district lines were drawn with unconstitutional partisan intent
