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State Court Oral Arguments to Watch for in April
Issues on the dockets include parental rights under now-defunct same-sex marriage bans, New York City’s emissions caps for big buildings, and more.
Sanctuary Policies in a Federal System
States and localities that restrict federal enforcement of immigration and gun laws promote diversity and help protect against authoritarianism.
Washington v. Cline
Held that a man who sought damages via a direct constitutional claim for being denied a speedy trial was not eligible for any remedy because such claims are available only if there is no other existing remedy.
Andrew Willinger
Andrew Willinger is the executive director of the Duke Center for Firearms Law and a lecturing fellow at Duke Law School. He teaches and writes on the...
The Complexity of Lockstepping Post-Bruen
A Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.
Abortion Rights and Transgender Rights Are Intertwined
As federal courts use the rollback of abortion rights to undermine protections for trans people, Montana’s high court has extended rights in both areas.
Planned Parenthood v. Utah
Plaintiffs claim that abortion restrictions violate the right to determine family composition, Equal Rights Amendment, right to uniform operation of laws, right to bodily integrity and privacy, and right of conscience
League of Women Voters of Kansas v. Schwab
Held that voting was not a fundamental right under the state constitution's Bill of Rights, but a political right grounded elsewhere in the constitution.
Owens v. Stirling
Held that execution by electrocution and firing squad are not “cruel or unusual” punishments under the state constitution
Worrell v. Desantis
Denied an elected Florida state attorney’s bid to be reinstated after she was removed from office by Republican Governor Ron DeSantis, an act she, a Democrat, said was politically motivated. The court said DeSantis was within his constitutionally-conferred rights to suspend her for what he alleged was neglect of her duties. A dissenting opinion in the case said the prosecutor was not given time to mount a meaningful defense and expressed need for careful examination of a suspension in the case where the constitution “in effect authorizes the governor to override the will of the majority of voters who elected the official and to appoint a replacement of the governor’s choosing.”
