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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.
State v. Craigen
Ruled that evidence resulting from a violation of defendant’s constitutional right to counsel during police interrogation should have been suppressed, including evidence of yet uncharged crimes
State v. Bagby
Ruled that the prosecutor's race-based misconduct in repeatedly using the word “nationality” to distinguish defendant from other witnesses violated defendant’s right to an impartial jury
State v. Canosa
Ruled that state’s unreasonable delay in sentencing deprived defendant of fundamentally fair sentencing proceedings and allocution rights violating due process clause
A.J.B. v. Montana Eighteenth Judicial District Court
Ruled statute excepting parents and children subject to the Indian Welfare Child Act from eligibility for emergency protective services hearings violated equal protection
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.
Planned Parenthood South Atlantic v. State
Held that abortion ban violated the constitution’s right to privacy in part because six weeks is not sufficient time for women to determine they are pregnant
Planned Parenthood Great Northwest v. State
Held that the state constitution does not implicitly provide a fundamental right to an abortion because such a right is not “deeply rooted” in the state’s traditions and history
