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Eric Ruben
Eric Ruben is an associate professor of law at SMU Dedman School of Law and a fellow at the Brennan Center.
SCOTUS’s Review of Ban on Trans Health Care Highlights Need for State Litigation
Even if the U.S. Supreme Court decides that bans on gender-affirming care for trans youth are constitutional, state courts can strike down such laws under state constitutions.
SCOTUS’s 2nd Amendment Decision Leaves Open Questions for State Courts
The U.S. Supreme Court upheld the disarmament of a domestic abuser in United States v. Rahimi, but litigation over where to draw the line will continue.
Deo v. Parish
Held that state courts have subject matter jurisdiction in criminal cases against an indigenous person in “Indian Country” and defendants must object based on personal and territorial jurisdiction
Treat v. Stitt
Held that state legislators did not violate the state constitution by issuing extensions on existing tribal compacts related to tobacco taxes and motor vehicle fees. The Oklahoma governor had argued his office has exclusive authority to negotiate contracts between tribes and the state.
Commonwealth v. Mattis
Held that life without parole sentences are unconstitutional as applied to emerging adults (ages 18-20)
Paths Toward Abolishing Qualified Immunity for Violations of State Constitutional Rights
States should not adopt the federal doctrine that shields officials from liability for civil rights violations.
Antero Treatment LLC v. Veolia Water Technologies
Held that statutory bond cap that supersedes court rule setting bond as a percentage of the judgment does not infringe on supreme court's rulemaking authority
Montana Democratic Party v. Jacobsen
Held unconstitutional laws eliminating election day registration and limiting acceptable forms of identification for voting
Kansas Supreme Court Declares Voting Is Not a Fundamental Right
The decision makes it more likely that laws restricting voting rights in Kansas will be upheld, though protections for voting remain.
