In 2019, SCOTUS ruled that federal courts couldn't hear constitutional challenges to partisan gerrymandering, shifting the fight to state courts. Because state law isn't necessarily concerned with nationwide harms from extreme gerrymandering, the legacy of the Rucho decision is a fragmented system.

Another big month for state supreme court oral arguments. Is there a constitutional right to record law enforcement? Can Texas seek information about PFLAG's membership? Can Michigan deny workers comp to undocumented immigrants? And much more... statecourtreport.org/our-work/ana...

Hear from state constitution super-users @erings.bsky.social, Celina Stewart (@lwvus.bsky.social), @harperseldin.bsky.social (@aclu.org), and Julia Olson (@youthvgov.bsky.social), as they demonstrate how dynamic learning about state constitutions can be in their SXSW EDU Featured Session.

UPDATE: Thanks to your votes, our panel will be featured in #SXSWEDU this March. Stay tuned for more details...

NEW: Check out October's state court oral arguments to watch for, courtesy of @skess108.bsky.social and @erings.bsky.social. Issues on the dockets include NY’s Voting Rights Act, investigations of gender-affirming care for minors, Meta’s challenge to a disclosure law for political ads, and more.

The smell of marijuana, on its own, is no longer considered to be evidence of criminal activity in many jurisdictions. Check out Maya Menlo and Erin Van Campen’s latest piece on how state legalization of marijuana is changing search and seizure jurisprudence.

NEW: TX is asking NY courts to declare NY's reproductive health care shield law unconstitutional in an attempt to enforce its abortion ban across state lines. @law.ucla.edu's @lindsaywiley.bsky.social lays out a legal case for why NY (and other shield states) can and should reject such overreach.

New from me in @statecourtreport.org @brennancenter.org: Because Texas’s default judgment against Dr. Carpenter aims to punish her for the protection of public morality & future pregnant patients, embryos & fetuses, NY courts aren’t obligated to recognize it. statecourtreport.org/our-work/ana...

NEW: In 2019, the US Supreme Court ruled that federal courts have no authority to address partisan gerrymandering, shifting legal battles about the partisan effect of redistricting to the states. @aliciabannon.bsky.social examines the mixed results of these legal challenges.

Great working with @statecourtreport.org @brennancenter.org on their awesome 50-state series on our nation’s constitutions!

Excited that Slate co-published our latest @statecourtreport.org piece, about how state marijuana legalization is impacting search and seizure jurisprudence.

For @statecourtreport.org, Diana Kasdan and I wrote about our new report and how state reproductive freedom amendments have the potential to both reshape the landscape of abortion rights and move us closer to reproductive justice. statecourtreport.org/our-work/ana...

Constitution-making likely evokes a scene of the founding fathers calmly deliberating on how to codify their Enlightenment ideals into the US Constitution. But as @marcusagadson.bsky.social writes in his latest book, excerpted, the history of state constitutions involves violent crisis and failure.

A new school choice challenge was filed directly with the Idaho Supreme Court earlier this month. It’s part of a wave of suits alleging that state constitutions restrict state education funding to public schools alone. Aaron Saiger breaks down the litigation strategy deployed to fight school choice.

NEW: The smell of marijuana, on its own, is no longer considered to be evidence of criminal activity in many jurisdictions. Check out Maya Menlo and Erin Van Campen’s latest piece—co-published by Slate—on how state legalization of marijuana is changing search and seizure jurisprudence.

NEW: Vermont's constitution has lasted since 1793, but it was only in 2022 that it was amended to prohibit all forms of slavery and to protect reproductive rights. @acluvermont.bsky.social's @liaernst.bsky.social lays out the history and unique characteristics of the Vermont Constitution.

NEW: After Dobbs, voters in ten states enshrined abortion and reproductive rights in their states' constitutions. @uclarepropolicy.bsky.social's @cathrencohen.bsky.social and Diana Kasdan analyze how the wording of these amendments impacts their promise and potential to protect reproductive freedom.

SAVE THE DATE: Nov. 6-7, we're hosting a symposium with @brennancenter.org and Northwestern University Law Review exploring the future of state constitutional rights. Virtual and in-person registration options are available, and IL CLE credit is pending for in-person participants. Register today:

50 years ago, NJ’s Supreme Court ruled every town must create its fair share of affordable homes. Today, that framework is stronger than ever — and a national model. For @statecourtreport.org, @jagdavies.bsky.social explores NJ's lessons for other U.S. states: statecourtreport.org/our-work/ana...

NEW: As programs allowing the use of public funds for private education expand across the US, several state courts are now hearing challenges to their constitutionality. @fordhamlawnyc.bsky.social's Aaron Saiger discusses the litigation strategy deployed in the fight against school choice.

As SCOTUS and the federal government roll back our civil rights, state courts and constitutions can protect and expand those rights in meaningful ways. Follow our State Court Report contributor starter pack to learn more. go.bsky.app/BDkEqA7

NEW: When you think of constitution-making, you probably picture the founding fathers calmly deliberating on how to codify their Enlightenment principles into the US Constitution. But as @marcusagadson.bsky.social explains, the story of state constitutions involves violent crisis and failure.

This is a fascinating story! @aliciabannon.bsky.social wrote about recent state con law challenges to tort reform in Ohio & N. Carolina and how business backlash to similar suits in the '90s helped lead to today’s politicized judicial elections. statecourtreport.org/our-work/ana...

Tort reform laws passed in the '80s & '90s capped damages in malpractice lawsuits and sparked hundreds of state constitutional challenges. As @aliciabannon.bsky.social explains, these “tort wars” transformed judicial elections and reshaped state courts. Learn more: go.statecourtreport.org/subscribe

I hope you can join us at The Power of State Constitutional Rights, a symposium on Nov 6-7 in Chicago, organized by @brennancenter.org & Northwestern Law Review. We'll be hearing from judges, scholars and practitioners about the future of state con law. RSVP below! brennan.swoogo.com/stateconstit...

How Much Do You Know About State Constitutions and Courts? #dyk In 2024, the only state without a new amendment to its constitution was Ohio. #dyk Ohio is one of 8 states that hold partisan elections for their highest courts. statecourtreport.org/our-work/ana... via @statecourtreport.org

RESOURCE ALERT📌 Wish your law school offered a course in state constitutional law? State Court Report's @skess108.bsky.social put together this must-read compilation of our top explainers on how state courts and constitutions work. Consider it your “State Constitutions 101.”

"After a quarter-century ceasefire, the education wars have returned to Ohio." Nathaniel Fouch breaks down the constitutional challenges to Ohio's recently expanded school voucher program, which allows children to receive state scholarships to enroll in private schools.

Five years on, state courts are still weighing the constitutionality of state responses to the Covid-19 pandemic. @cisozaki.bsky.social kicks off her new series on 2025 state constitutional trends with this look at the legal legacy of Covid-19.

NEW: Federal funding has recently accounted for a third of state spending. @kasiawolfkot.bsky.social and Dylan Erikson explain how unique fiscal provisions found in every state constitution will impact how states are affected by these funding cuts and how they can work around budget shortfalls.

NEW: I wrote about recent state con law challenges to tort reform in OH and NC and how business backlash to similar suits in the 90s helped lead to today’s politicized judicial elections. It’s a fascinating story. statecourtreport.org/our-work/ana...

Intense efforts by the tobacco lobby have led many states to pass laws blocking cities from banning or regulating vapes and tobacco products. @law.rutgers.edu's @slswan.bsky.social writes about how cities are fighting back—and sometimes winning.

As SCOTUS and the federal government roll back our civil rights, state courts and constitutions can protect and expand those rights in meaningful ways. Follow our State Court Report contributor starter pack to learn more. go.bsky.app/BDkEqA7

NEW: Appellate courts in OH and NC recently came to different conclusions regarding medical malpractice damages caps. But beyond demonstrating how courts grapple with tort reform questions, these cases highlight how the tort wars are transforming judicial elections and the makeup of state courts.

NEW: Five years on, courts are still weighing the constitutionality of state responses to the Covid-19 pandemic. @cisozaki.bsky.social kicks off her new series on 2025 state constitutional trends with this look at the legal legacy of Covid-19.

NEW: Intense efforts by the tobacco lobby have led many states to pass laws blocking cities from banning or regulating vapes and tobacco products. @law.rutgers.edu's @slswan.bsky.social writes about how cities are fighting back—and sometimes winning.

As manager of @statecourtreport.org's case database at the @brennancenter.org, I'm rolling out a series discussing trends we're seeing in our database cases. Read the first of the series here, and find out what state courts are saying in response to challenges to Covid-19 era government policies 👇👇

NEW: Arizona’s constitution is easy to amend, but while Arizonans have approved changes on issues like abortion and immigration, they use the right relatively sparingly. Sean Beienburg examines the history and features of the Copper State’s governing document.

People behind bars are particularly vulnerable during excessive heat and climate-related disasters. Advocates should consider state constitutional solutions to protect incarcerated people and save lives.

As SCOTUS and the federal government roll back our civil rights, state courts and constitutions can protect and expand those rights in meaningful ways. Follow our State Court Report contributor starter pack to learn more. go.bsky.app/BDkEqA7

NEW: There are a TON of significant oral arguments in state supreme courts this September. Cases address dark money, charter schools, election rules & more. Check out this roundup by @erings.bsky.social & @skess108.bsky.social w/ dates & links to watch. statecourtreport.org/our-work/ana...

NEW: Check out @skess108.bsky.social & @erings.bsky.social‘s state court oral arguments to watch for in September. Issues on the dockets include charter schools, minimum wage for live-in caregivers, online arbitration agreements, and a controversial handwritten date requirement for mail ballots.

NEW: "After a quarter-century ceasefire, the education wars have returned to Ohio." Nathaniel Fouch breaks down the constitutional challenges to Ohio's recently expanded school voucher program, which allows children to receive state scholarships to enroll in private schools.

NEW: This year marks the 50th anniversary of the NJ Supreme Court's Mount Laurel decision outlawing exclusionary zoning in the state. Jag Davies @fairsharehousing.bsky.social gives a fascinating account of the groundbreaking ruling & long fight over enforcement. statecourtreport.org/our-work/ana...

My new piece for @brennancenter.org's @statecourtreport.org looks at how New Jersey built the strongest statewide policy in the U.S. to *require* that every municipality create its fair share of affordable homes: statecourtreport.org/our-work/ana...

NEW: The expansion of school voucher programs is a HUGE education story, and it's leading to new state constitutional challenges. Read about the latest in Ohio's education wars in a great new @statecourtreport.org piece by Nathaniel Fouch. statecourtreport.org/our-work/ana...

NEW: As the housing affordability crisis deepens, NJ's 1975 high court decision outlawing exclusionary zoning serves as a powerful model for other states. @jagdavies.bsky.social new piece explores one of the most compelling examples of state constitutional law being used to promote civil rights.

Thanks to @msmagazine.com for including @nwatzman.bsky.social's latest piece on state courts and constitutions in this "Weekend Reading on Women's Representation" roundup. We agree that it's "a timely reminder that the state-level constitutional landscape is both powerful and often overlooked."

State constitutions are way easier to amend than the US Constitution, offering multiple paths including amendments crafted by legislatures, citizens, conventions, and commissions. Check out this helpful overview of the different constitutional amendment processes in the 50 states

It's that time of year again ✏️📚 Get ready for the new semester with @miriamseifter.bsky.social 's Back-to-School state con law scholarship roundup.