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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.
Moe v. Yost
Ohio Supreme Court will consider appeal of intermediate court ruling that struck down ban on gender-affirming care for trans youth as violating the state's healthcare freedom amendment and parents' rights
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.
Fisher v. Harter
Ruled that a statute granting peremptory grounds to state legislators to obtain continuances or extensions of fixed court dates was unconstitutional on its face under the separation-of-powers doctrine
In re The Thirtieth County Investigating Grand Jury
Ruled that supervising judge's failure to give notice and opportunity to respond to all named, unindicted individuals criticized in a proposed investigating grand jury report violated the unindicted individuals' constitutional rights to due process and reputation