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The Massachusetts Constitution: the Oldest in the United States, and Often Ahead of its Time
A Massachusetts state court was the first to uphold the right to same-sex marriage on constitutional grounds.
State ex rel. Brooks v. Evnen
The Nebraska Supreme Court unanimously ruled that a proposed abortion-rights amendment could go before voters, rejecting claims that it violated the subject-subject rule and was so vague that it would mislead voters
Commonwealth v. Thompson
Dissent would have held that inventory searches are unconstitutional under art. 1 sec. 8 of the Pennsylvania constitution, and therefore reversed the defendant's judgment on appeal
Ohio’s Justice DeWine Attempts to Address Criticisms of Originalism
The Ohio Supreme Court justice outlines a framework that promotes state interpretations that differ from federal jurisprudence.
Ainslee Johnson-Brown
Ainslee Johnson-Brown is a constitutional law scholar and advocate specializing in judicial interpretation and the evolving role of state courts in protecting democracy.
Coleman v. Ashcroft
The Missouri Supreme Court rejected claims that Amendment 3, a ballot measure that would protect abortion access until viability, violated the single-subject rule and state election law by failing to list all the existing laws that its passage would repeal. The ruling ensured that Amendment 3 would remain on the ballot.
North Carolina Could Be on the Verge of a Constitutional Crisis
If the courts hand a victory to the state’s losing supreme court candidate, citizens across the political spectrum could perceive the court as unfair — and the justices risk losing their legitimacy.
Eidson v. South Carolina Department of Education
Held that state program providing taxpayer-funded education accounts to low-income families cannot be allocated by parents to private school tuition because doing so violates a state constitutional ban on use of public funds for the “direct benefit” of private educational institutions.
Acorn International v. State
Held that the Secretary of State's response to ACORN International's public records request asking for documentation of the actual costs for a yearly subscription to state voter database did not violate organization's constitutional right to know
Oberholzer v. Galapo
Held that neighbors' anti-racist signs did not intolerably intrude on homeowners' substantial privacy interests, and thus constitutional free-speech protections did not permit trial court to enjoin continued display of the signs
