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State v. Francisco Edgar Tirado
Held that North Carolina's "cruel or unusual" punishment clause — construed consistently with a separate state constitutional provision specifying the types of punishment laws may impose, without limitations based on age — would provide less protection against life-without-parole sentences for juveniles than the Eighth Amendment, so must be interpreted in lockstep with the federal "cruel and unusual" punishment clause.
Krasner v. Sunday
The Pennsylvania Supreme Court will consider the Philadelphia district attorney's challenge to a law that requires the state attorney general to appoint a special prosecutor to have jurisdiction over crimes committed within the regional public transit system. The Commonwealth Court rejected the allegations, including that the law unconstitutionally divests the district attorney of jurisdiction over part of the office’s territory, nullifies the district attorney’s core prosecutorial functions, and violates the due process rights of defendants based on a provision preventing those charged by the special prosecutor from challenging his authority.
Ava Kaufman
Ava Kaufman is the special assistant to the director of the Justice Program at the Brennan Center for Justice.
Extreme Heat Exacerbates Dire Prison Conditions, With Few Paths to Relief
People behind bars are particularly vulnerable to harm during heat waves and climate-related disasters. Advocates should consider state constitutional solutions.
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.
Jordan Thompson Long
Jordan Thompson Long is senior associate director of the Human Rights Program at the Carter Center. Previously, he was at senior counsel for the Center for Human Rights at the American Bar...
Cherokee Nation v. U.S. Department of the Interior
Held that the governor possesses constitutional and statutory authority to represent the state’s interests in litigation involving tribal gaming contracts, including to choose the counsel who will represent his position. The governor was a named defendant in his official capacity in the underlying litigation, and the state attorney general sought to assume control of defending the state’s interests over the objection of the governor, who had already employed separate counsel to represent the state.
State of Washington v. Gator's Custom Guns
Washington Supreme Court reversed a lower court and upheld under the state and federal right to bear arms the state's ban on selling or manufacturing magazines that hold more than ten rounds of ammunition.
Reflections on the Supreme Court’s Decision Upholding a Ban on Gender-Affirming Care for Trans Youth
We spoke with a transgender rights advocate about U.S. v. Skrmetti’s impact on trans people and what’s next in the struggle for equal rights.
Texas v. Margaret Daley Carpenter
Texas’s attorney general sued a New York doctor for mailing abortion-including drugs to a woman in Texas, claiming she practiced medicine in Texas without a Texas license and improperly aided an abortion. After the doctor did not respond to the complaint, a Texas trial court issued a default judgment enjoining her from prescribing abortion-inducing drugs to state residents and imposing $100,000 in civil penalties, as sought by the attorney general.