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City of Fargo v. State
Held that a 2023 statute barring localities from enacting ordinances related to the purchase, sale, or possession of firearms and ammunitions that are more restrictive than state law preempted the city of Fargo’s limits on such sales and did not violate state constitutional “home rule” clauses as applied to Fargo’s restrictions.
The Lawsuits to Expel Texas’s Democratic Lawmakers Lack Any Support
The governor and attorney general’s claims that the state supreme court should expel lawmakers who fled the state to stop the legislature from gerrymandering congressional districts are unsubstantiated and contradictory.
New Jersey’s Constitution Allowed Women to Vote in the 1700s
Though the right was short-lived, it’s an example of how states can expand — and contract — voting rights.
Maryjane Johnson
Maryjane Johnson is a program associate in the Democracy Program at the Brennan Center for Justice.
State Justices Continue to Challenge Originalism
A lively debate about the value of “history and tradition” in analyzing cases is ongoing in state courts. Some justices are pushing for alternative interpretative methodologies.
State v. Waldner
Held that privacy right in the state's victims'-rights amendment (known, along with versions in other states, as "Marsy's Law") is not self-executing, but a statute providing for appeal of certain orders affecting "substantial rights" may be used by crime victims to appeal denials of motions to quash discovery to enforce that privacy right. Also held that the right to privacy in the amendment is not an absolute protection from discovery requests and must be balanced against defendants' due process rights. For a discovery request to be upheld, a defendant must establish the relevance, admissibility, and specificity of the information sought.
Vet Voice Foundation v. Hobbs
Washington Supreme Court held requirement that election workers verify voter signatures on mail ballots, when coupled with the state’s recently expanded process for notifying voters and providing an opportunity to cure when a signature mismatch is identified, does not facially violate the state constitution’s free and equal elections, privileges and immunities, or due process clause.
Nicole Ozer
It’s Time to Revitalize California’s Constitutional Right to Privacy
Recently filed cases challenging AI surveillance provide an opportunity for California courts to properly apply the state’s privacy right.
