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Virginia Supreme Court Announces Expansive Interpretation of Religious Liberties Protection
The justices rejected the federal First Amendment standard but differed about what the standard should be and how to discern the original meaning of the state constitutional provision.
Status of Partisan Gerrymandering Litigation in State Courts
Utah’s high court sent a closely watched challenge to the state’s congressional maps back to the lower court.
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.
Judicial Ethics and Discipline in the States
Before the U.S. Supreme Court adopted of a code of conduct last month, it was the only court in the country without one.
Arizona Supreme Court Hears Oral Arguments on Territorial-Era Abortion Ban
The state is trying to reinstate a law that was enacted when women could not vote.
What Is ‘Punishment’? How State Courts Can Fix a Destructive Flaw In Eighth Amendment Case Law
Courts should consider prison conditions and collateral consequences — not just prison time — when reviewing whether punishment is excessive under state constitutions.
Texas and the Next Generation of Abortion Fights
Kate Cox sought an emergency abortion after learning her fetus has a fatal genetic condition. Her case illustrates an emerging set of battles to define the scope of legal exceptions to strict state abortion bans.
State Courts Diverge on Allowing Civil Claims for Child Sexual Abuse Outside Statute of Limitations
Due process challenges by schools and churches to laws reviving civil child sexual abuse claims are pending before the North Carolina and Kentucky supreme courts.
New Mexico Supreme Court to Hear Arguments on New Anti-Abortion Tactic
GOP-controlled cities and counties in pro-choice New Mexico are relying on a long-dormant federal law to outlaw abortion — in contradiction of state law.
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.