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Clark v. State
Held that when a defendant alleges ineffective assistance of counsel based on counsel's failure to object to an overnight noncommunication order, a presumption of prejudice is warranted
Ohio Organizing Collaborative v. Ohio Redistricting Commission
Held that legislative districts violated new constitutional provisions prohibiting partisan gerrymandering
An Eventful Summer for State Constitutional Abortion Rights Litigation
State supreme courts addressed abortion rights head on, even as the U.S. Supreme Court punted on similar questions.
In re Opinion of the Justices
Held that constitution authorized legislature to adopt into law several proposed ballot measures without change
Grisham v. Van Soelen
Held that partisan gerrymandering claims are justiciable and gave guidance to lower courts resolving such a claim
What the Framers Really Thought About Life, Liberty, and the Pursuit of Happiness
Debates from state constitutional conventions show delegates expected protections for inalienable rights to have teeth.
ARKK Properties, LLLC v. Cameron
Held that statute permitting officials sued for alleged constitutional violations to compel transfer of the suit to another randomly-selected circuit court violates separation of powers
McEwen v. Lee
Plaintiffs claim Tennessee's voucher program unlawfully diverts public education funds to private schools, undermining public schools' budgets and violating the state constitution's provisions for equitable education and local autonomy.
Florida Supreme Court Allows DeSantis to Undermine Prosecutorial Independence
Lawmakers and other officials in multiple states seek to limit the power of or remove elected prosecutors whose policy choices they disagree with.
States in ‘Lockstep’ with the Fourth Amendment May Not Be Locked
Some states have handcuffed their citizens’ constitutional search and seizure protections to the federal standard — but they still hold the keys to going their own way.
