NEW: "A judiciary full of people who previously defended police misconduct or sent young Black men to prison will bring that prosecution perspective into the courtroom." @kylecbarry.bsky.social examines a series of decisions out of CO to make the case for more public defenders on the bench.

I had a lot of fun interviewing the three former chief justices of the Texas Supreme Court at the Texas Tribune Festival. We talked about the problems with partisan judicial elections, why public confidence in the courts is falling, and why access to justice is so important.

State constitutions guarantee rights above and beyond those guaranteed by the U.S. Constitution, and those rights are interpreted by state courts. Subscribe to State Court Report to learn more: go.statecourtreport.org/subscribe.

I’m hunting around for an expert in Louisiana state con law. Help a girl out? @msmith750.bsky.social @yeargain.bsky.social @statecourtreport.org

Last week, people turned out, ballots in hand! Across states, ballot measures let communities shape health, equity, and opportunity—giving people a direct voice in decisions that affect their lives. Read more from @erings.bsky.social at @statecourtreport.org here: bit.ly/3JQDo4V

NEW: An overlooked detail in SCOTUS' recent 2nd Amendment decision may provide a solution to the constitutional uncertainty surrounding state-issued domestic violence restraining orders. Eric Ruben explains:

When the Supreme Court overturned Roe v. Wade in 2022, the dissenting justices warned that “interjurisdictional abortion wars” were coming. Subscribe to our free weekly newsletter to learn more: statecourtreport.substack.com

If you'll be in Austin for @texastribune.org's #Tribfest2025, don't miss @aliciabannon.bsky.social on stage and in conversation with the Texas Supreme Court's three most recent former chief justices. Saturday November 15, 1-2PM CT bit.ly/4i0gNQj

Follow State Court Report. Decisions made in states you'll never visit, can and do affect your life and your future. Some favorable, others not so much. Better to know what's being seeded, where, and by whom. Reliable source. No paywall.⬇️ Also statecourtreport.org

Landlords frequently challenge programs meant to ease poverty and housing insecurity by claiming they're unconstitutional takings of private property. But as @uwlawdemocracy.bsky.social's @bridgetlavender.bsky.social explains, state courts have largely rejected these claims.

Utah judge denies GOP-passed congressional map

Utah voters finally have a fair congressional map after our years-long legal battle for fair representation. Hear directly from two of our clients in the lawsuit and discover the long and winding backstory of how we got to this victory.🎧⤵️

A recent ND case upholding the state's ban on gender-affirming care for trans kids relies on "unadulterated transmedicalism"—the incorrect assumption that trans identity is inherently medical. Morgan Munroe explains how transmedicalist ideology is shaping legal doctrine after Skrmetti.

BREAKING: After years of litigation led by Campaign Legal Center on behalf of our clients, Utah voters finally will have a fair congressional map. The court rejected lawmakers' latest gerrymandered map and ordered implementation of a fair map in time for the 2026 midterms.

NEW: When inevitable conflicts over frozen embryos arise between couples (or patients and providers), IVF users face an uncertain legal landscape. @maryrziegler.bsky.social explains how state courts are grappling with questions like ownership over and rights for embryos.

While state criminal prosecutions are one option for victims of unlawful/unauthorized acts by ICE agents, @uwlawdemocracy.bsky.social's Harrison Stark outlines the forceful legal arguments that individuals can use state civil rights statutes to sue federal officials who violate the Constitution.

ATTORNEYS: Do you like state courts, appellate litigation, and… winning sometimes? The ACLU’s State Supreme Court Initiative is hiring for a 2-year attorney position! Apply here: www.aclu.org/careers/appl...

NEW: A New York trial court ruled against Texas in an ongoing fight over whether New York must recognize Texas’s legal judgments against New York abortion providers. The latest from @aliciabannon.bsky.social on the post-Dobbs "interjurisdictional abortion wars":

The results are in! Voters on Tuesday passed multiple state constitutional amendments and changes to state law, including CO's universal school meal funding measure, a “red flag” gun law in ME, and CA's Prop 50, a redistricting measure that'll impact who controls the House after the midterms.

State judges have to follow U.S. Supreme Court rulings, but they're not actually part of our federal judiciary. Their unique institutional position means they're often more willing than federal judges to criticize SCOTUS decisions. Subscribe to learn more: statecourtreport.substack.com

More and more, property owners go to state court to challenge programs meant to assist the poor, such as eviction moratoriums and mandated charity care. But efforts to defend these policies have been mostly successful. I wrote about it for @statecourtreport.org ⬇️ statecourtreport.org/our-work/ana...

At the @brennancenter.org @northwesternlaw.bsky.social conference on state constitutions. @mawaldman.bsky.social tells an OG story about how he was in the room where it happened when Justice Brennan gave a state constitutions lecture at NYU.

Happy election day 🗳️ to my state-side friends! And while you're in line for the polls (or relaxing on your couch because you voted early!), check out my latest case trends piece on some recent cases in the states that are shaping election processes and the constitutional right to vote 👇👇👇

NEW: State constitutions and state high courts are central in defining how, and by whom, elections are run — and who gets to participate in them. Check out @cisozaki.bsky.social’s Election Day 2025 edition of our series on state constitutional trends.

Professor Martha Davis will serve as a panelist at the @brennancenter.org and Northwestern University Law Review's two-day symposium on state constitutional rights at Northwestern University Pritzker School of Law. @statecourtreport.org statecourtreport.org/events/power....

What do state constitutions say about elections and the right to vote? How do state constitutions differ from the US Constitution with respect to the right to vote? @cardozolaw.bsky.social's @wuc3.bsky.social answers these questions and more in this essential election-season reading.

Tomorrow, three Pennsylvania Supreme Court justices will face an up or down vote in PA’s most expensive retention election ever. @douglaskeith.bsky.social explains everything you need to know about the high-stakes judicial race whose outcome will likely impact the midterms.

NEW: Programs meant to protect the vulnerable from poverty & housing insecurity are often challenged by landlords claiming they're unconstitutional takings of private property. But state courts have largely rejected these claims. @uwlawdemocracy.bsky.social's @bridgetlavender.bsky.social explains:

UPDATE: Illinois CLE credit has been approved for in-person attendees of The Power of State Constitutional Rights symposium happening November 6-7. RSVP today to attend in-person or virtually: www.brennancenter.org/events/power....

This update puts my total spending estimate around $20.5 million - the most expensive state supreme court retention election in decades and possibly ever. Overwhelming majority of that money is pro-retention

Tomorrow, voters in six states will consider ballot measures regarding redistricting, voting, gun laws, parental rights, taxes, and more. @erings.bsky.social breaks down key measures we're tracking, including CA's Prop 50, which could impact control of the US House after the 2026 elections.

In analyzing Miller's comments, @politifact.bsky.social cites our piece explaining that "while Supremacy Clause immunity grants federal officials a partial shield from state prosecution, that immunity is not absolute." For more, see the full explainer: statedemocracy.law.wisc.edu/featured/202...

6️⃣7️⃣ 🗓️November 6-7, that is ;) Now that we've got your attention, don't forget to RSVP for The Power of State Constitutional Rights symposium we're hosting with @brennancenter.org and Northwestern University Law Review at @northwesternlaw.bsky.social! Join us virtually or in-person.

Along those lines, if you want to read more about the actual decisions coming out of state high courts across the country, check us out at @statecourtreport.org 8/ statecourtreport.org/our-work/ana...

State supreme courts are important in our democracy. The public *should* know about these elections. But at a time when that public needs to be confident that judges are capable of holding their allies accountable to the law, it is not great that dark money ads are a primary source of info. 7/

We’ve collected all the TV ads here and they reflect this heightened moment in state judicial politics: more money, more funding from out-of-state groups, and messaging that looks more like a Senate race than a judicial race www.brennancenter.org/our-work/res... 6/

At $16 million in campaign spending, the PA retention elections are the second most expensive retention elections ever. But the justices themselves have only raised $4 million, the bulk of the spending is by outside interest groups. 2/

In a week we’ll know whether voters gave three Pennsylvania Supreme Court justices another term on the court – but the spending in the race already tells us a lot about the politics of state courts today 1/

A North Dakota case upholding a ban on gender-affirming care for kids highlights the dangers of assuming trans identity is inherently medical, writes @nyulaw.bsky.social student Morgan Munroe for @statecourtreport.org. Check out her piece for an important perspective that doesn't get much airtime.

The Power of State Constitutional Rights will explore rights projected by state constitutions, amendments, and emerging issues within them. The two-day symposium will be held Nov. 6-7, presented by @brennancenter.org & @statecourtreport.org. Register: www.brennancenter.org/events/power...

There is still time to register for The Power of State Constitutional Rights! Well be discussing democracy, LGBTQ+ rights & more. Watch in person at Northwestern Law in Chicago or virtually. Free & open to the public, IL CLE pending for in-person participants. www.brennancenter.org/events/power...

NEW: A recent North Dakota ruling upholding the state's ban on gender-affirming care for trans kids relies on transmedicalist ideology that demeans trans people. @nyulaw.bsky.social student Morgan Munroe traces how transmedicalism is shaping legal doctrine after Skrmetti.

NEW: Check out @skess108.bsky.social & @erings.bsky.social's November state court oral argument preview. Issues on the dockets include indigent defense crises in three states, what’s been called a “de facto repeal” of citizens’ initiative power, and a voter-approved ban on large-capacity magazines.

The Brennan Center's State Court Report is publishing articles on each of the American State Constitutions. I wrote the one about Maryland's. Give it a look! @brennancenter.org @statecourtreport.org

Ahead of election day, @wuc3.bsky.social reminds us that "states are the primary regulators of elections, and their charters do much of the work to establish and protect the right to vote."

TUNE IN TODAY (10AM PT/1PM ET): Does WA's law requiring public disclosure of election-related ad details—ex: ad sponsor info, cost, dates it ran, target audience demographics, # of impressions generated—violate free speech? Watch the oral arguments in Washington v. Meta Platforms here: tvw.org/live/

NEW: Maryland's constitution—one of the nation's oldest and longest—has served as a model for other states. @judgedanfriedman.bsky.social explores its history, features, and unique quirks in the latest essay of our Exploring State Constitutions series.

Earlier this month, a MO appeals court unanimously upheld an order blocking abortion restriction laws that undermine a state constitutional repro rights amendment passed in 2024. Mary Ziegler explains the ruling, and what to expect next in the ongoing fight over abortion access in Missouri.

Next week, voters in six states will consider ballot measures regarding redistricting, voting, gun laws, parental rights, taxes, and more. @erings.bsky.social breaks down key measures we're tracking, including CA's Prop 50, which could impact control of the US House after the 2026 elections.

The Power of State Constitutional Rights symposium at @northwesternlaw.bsky.social is just two weeks away! Join us Nov. 6-7 as judges, practitioners, and scholars explore critical issues facing state courts and constitutions. RSVP to attend in-person or online: www.brennancenter.org/events/power...