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Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws
During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.
State Constitutions Could Bar State and Local Police Collaboration with ICE
Case law in multiple states suggests state and local officials who cooperate in federal abuses might run afoul of their own state constitutions.
U.S. Supreme Court Asserts New Shadow Docket Powers Over State Courts
A stay granted in a New York redistricting case expands the Supreme Court’s emergency docket to encompass countless state court rulings.
State Courts Interpret the Meaning of Public Education
The Kentucky Supreme Court’s decision striking down the state’s charter school law comes amid a broader wave of cases examining how state constitutions define the boundaries of school choice.
Texas Two-Steps Away from Government Lawyer Accountability, Montana Does not Follow
The Texas high court cited separation-of-powers concerns when stripping a state disciplinary commission of the authority to pursue certain grievances against executive branch lawyers.
State Court Oral Arguments to Watch for in March
Issues on the dockets include mid-decade redistricting, ghost guns, a challenge to a DOJ request for voter data, gender-affirming care for minors, and SpaceX rocket launches.
Arrest of Black Pastor for Refusing to Show ID Reaches Alabama Supreme Court
A federal trial court asked the state high court to weigh in on whether police violated the law when they arrested a man who was watering his neighbors’ garden.
A Conversation with Michigan Supreme Court Justice Elizabeth Welch
Justice Elizabeth Welch was elected to the Michigan Supreme Court in 2020 and took the bench in January 2021. In her interview, Welch discusses the challenges of artificial intelligence, Michigan’s protection of natural resources, and the potential value in career disappointments.
The Other Declarations of 1776
A number of states adopted constitutions, including Declarations of Rights, the same year the nation was born.
State Law Gives Litigators Extra Tools to Counter Originalism
Unique features of state courts allow lawyers to go beyond arguments available in federal courts.