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Baxter v. Philadelphia Board of Elections
Pennsylvania Supreme Court will consider whether it violates the state constitution's "free and equal" elections clause not to count a mail ballot because the voter failed to comply with a state law requiring the date to be handwritten on the ballot's outer envelope.
Stein v. Berger
Refused to halt an appeals court decision allowing a law to go into effect that shifted power to appoint members to the state elections board from the governor to the state auditor. The governor had requested a stay of the appeals court decision. A trial court found that the law was unconstitutional, and litigation on those issues is ongoing.
Why We Should Care About Diversity on the Bench
New data shows women and people of color are underrepresented on state high courts.
Doe v. Uthmeier
A 17-year-old petitioned for a judicial waiver so that she may consent to an abortion without parental notification and consent. A Florida intermediate appellate court held that the judicial waiver law, which allows parental consent to be bypassed upon certain trial court findings, violates parents' due process rights. Anticipating Florida Supreme Court review, the intermediate court certified the question of the law's constitutionality to the state high court.
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....
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.
Commonwealth v. Shivers
Pennsylvania Supreme Court will consider whether a person fleeing from officers in a high-crime area, standing alone, can create reasonable suspicion to make a police stop lawful under the state constitution's search and seizure clause.
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.
