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Assessing the State Reaction to the Supreme Court’s Undermining of Property Rights
Twenty years after Kelo v. City of New London, there has been much progress, but abusive takings continue in many states.
How Not to Criticize a Judge
The Montana Supreme Court recently splintered over internal accusations of partisan bias.
Attorney General Duties Are a Frequent Target of Legislative Gamesmanship
Legislatures in multiple states have stripped power from attorneys general they disagree with politically.
Georgia Supreme Court Allows Under-21 Handgun Carry Ban
The court looked to the state’s own constitutional history rather than following recent U.S. Supreme Court gun decisions.
New York’s First Constitution Was a Reaction to British Rule
The constitution, which served as a model for parts of the U.S. Constitution, adopted many policies of the English legal system.
State Supreme Court Justices and Ethics Investigations
Challenges faced by state judicial ethics bodies show the need for reform.
Hawaii’s Lawsuit Against Oil Companies Alleges “Harm to Public Trust Resources”
States are suing companies that cause harm to the environment, relying on mandates requiring protection of public resources.
How the Constitution Constrains Presidential Overreach Against the States
Existing “anti-commandeering” doctrine is one avenue to challenge abuses of presidential power, but stronger arguments are rooted in the Constitution’s separation of powers.
Three Years After Dobbs, State Courts Are Defining the Future of Abortion
Litigation across the states is testing how far constitutional amendments can go in protecting or restricting abortion access.
The Strange Legal Standard Eroding Civil Rights In North Carolina
In a string of recent cases, the North Carolina Supreme Court has demanded claimants prove that statutes are “unconstitutional beyond a reasonable doubt.”
