Search
Filter Search
People v. Posey
Held that law requiring appellate courts to affirm all criminal sentences fitting within the legislature's sentencing guidelines violated the right to appeal
Draper v. Gentry
Held that defendants are permitted discovery from victims if defendant seeks evidence of “constitutional dimension” and the requested discovery is “very likely” to contain such evidence
Texas Supreme Court Refuses to Block Ban on Certain Medical Care for Trans Minors
The court said the ban does not infringe on parents’ right to choose medical care for their children.
Pennsylvania’s Indigent Defense Crisis Goes to Court
Pennsylvania is not the only state struggling to meet its constitutional obligations to provide representation to people who can’t afford it.
SCOTUS Allows Emergency Abortions in Idaho — For Now
Litigation over exceptions to abortion bans to preserve the life and health of pregnant people is also pending in multiple state courts.
Eric Ruben
Eric Ruben is an associate professor of law at SMU Dedman School of Law and a fellow at the Brennan Center.
SCOTUS’s Review of Ban on Trans Health Care Highlights Need for State Litigation
Even if the U.S. Supreme Court decides that bans on gender-affirming care for trans youth are constitutional, state courts can strike down such laws under state constitutions.
SCOTUS’s 2nd Amendment Decision Leaves Open Questions for State Courts
The U.S. Supreme Court upheld the disarmament of a domestic abuser in United States v. Rahimi, but litigation over where to draw the line will continue.
Planned Parenthood v. South Carolina
Held that abortion ban does not violate the constitution’s right to privacy or guarantees of equal protection or due process
Paths Toward Abolishing Qualified Immunity for Violations of State Constitutional Rights
States should not adopt the federal doctrine that shields officials from liability for civil rights violations.
