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The U.S. Supreme Court’s Decision on Trans Healthcare Is Rippling Through State Courts
A North Dakota case upholding a ban on gender-affirming care for trans kids should trouble people who care about the dignity of trans people.
State v. Adrian Fernandez
The Oregon Supreme Court will consider whether a law that restricts appellate courts’ authority to review a sentence that falls within the range set in guidelines by the state criminal justice commission precludes appellate review of a state constitutional challenge to that sentence. In an amicus brief, the American Civil Liberties Union argues that interpreting the law to preclude such appellate review would violate separation of powers and the state constitution's equality guarantee.
Stary v. Ethridge
Texas Supreme Court held that due process requires a heightened evidentiary standard to support a protective order prohibitng contact between a parent and child for longer than two years, likening such an order to a government's termination of parental rights. Instead of the ordinary civil preponderance of the evidence standard, a court must find the statutory requirements for such an order by clear and convincing evidence and must consider the best interests of the child.
State Judges Target the U.S. Supreme Court
A justice in Washington concurred in a recent opinion but dissented “from the racism embedded in the federal case law that applies to this dispute.”
Glen Oaks Village Owners v. City of New York
New York Court of Appeals upheld New York City law establishing greenhouse gas emission limits for large city buildings, concluding state climate law that sets emissions targets statewide does not preempt the field of regulating emissions.
Jess Brouard
Jess Brouard is a special assistant in the Brennan Center for Justice’s Elections & Government Program.
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
Missouri Appeals Court Upholds Order Blocking Abortion Restrictions
The ruling is the latest in a long-running saga over abortion access following voters’ 2024 approval of a state constitutional reproductive-rights amendment.
State ex rel. Hilgers v. Evnen
Nebraska Supreme Court held that provisions of a criminal justice reform law expanding parole eligibility, including retroactively to already-sentenced offenders, do not have the effect of substituting milder punishments for the ones already imposed, so do not infringe on the Board of Pardons’ exclusive commutation power under the state constitution.
2025 Ballot Measures to Watch
Voters will decide whether to amend their state constitutions or statutes regarding redistricting, voting, firearm access, parental rights, taxes, and more.
