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People v. Armstrong
Michigan Supreme Court held that, following the state's legalization of some marijuana use and possession, the smell of marijuana, standing alone, does not constitute probable cause to justify the warrantless search of a car.
Stephen Spaulding
Stephen Spaulding is the managing director of the Kohlberg Center at the Brennan Center.
Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore
The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.
Election 2026
The 2026 midterms — the year also marking the 250th anniversary of the United States — include elections for every member of the U.S. House of Representatives, one-third of the U.S....
Sikora v. Iowa
Iowa Supreme Court held that a former incarcerated person’s state constitutional and tort damages claims against the state and correction officers for releasing him from prison five months late were barred by the legislature’s choice not to waive sovereign immunity for false imprisonment claims. Three dissenting justices would have held that the right to sue an official for false imprisonment was part of the common law at the state constitution’s adoption and was secured by its liberty guarantees, precluding legislators from eliminating that right in the state tort claims act.
Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.
How Originalism Revived an Abortion Ban a Majority of the North Dakota Supreme Court Held Unconstitutional
Although three of the five justices on the court concluded the ban violated state due process rights, a state rule requiring a supermajority to strike down a law means the dissenting opinion controls.
Hon. Barbara J. Pariente
Hon. Barbara J. Pariente served on the Florida Supreme Court from 1998 to 2019 and was the chief justice from 2004 to 2006.
Judging Democracy: A Former Justice Reflects on Bush v. Gore 25 Years Later
The legal battles over the 2000 presidential election were the beginning of a cautionary tale reminding us that democracy does not sustain itself.
Kansas v. Harper
Trial court found requirement that drivers' licenses display sex as assigned at birth did not violate equal protection by discriminating based on sex or transgender status, or a right to personal autonomy or informational privacy. Appellate court reversed on separate grounds and remanded to a new judge
