The Constitution gives Congress, not the president, the power to decide when the nation goes to war. President Trump’s strikes on Iran are flatly unconstitutional. There’s been no deliberation, no vote, no clear justification. This is a flagrant abuse of executive power.

Congrats to my colleagues on filing this important case.

This is a super interesting case. After the 11th cir ruled police could be sued for arresting a Black pastor for refusing to show ID, the trial court certified the q of whether state law has a show your papers req to the AL Sup Ct. Here’s how the argument went. statecourtreport.org/our-work/ana...

Today @washingtonpost.com reported activists are urging Trump to declare an emergency based on claims of Chinese interference in the 2020 election and use emergency powers to dramatically alter election rules. Trump has no power to run elections, even in an emergency. 🧵

Fascinating report (and thread) by @douglaskeith.bsky.social about $$ in state supreme court elections. The last election cycle was the most expensive EVER for judicial races.

As the midterms heat up, state courts are helping shape the future of American democracy. At SCR's new 2026 Election hub, we'll be tracking, explaining, and contextualizing: -The battle over who actually controls elections -What happens after the votes are cast -Electoral maps -Judicial elections

NEW from @statecourtreport.org According to the Ohio Supreme Court, cops are considered “victims” under Marsy’s Law. This permits the city to redact officers’ names & other info from a newspaper’s public records request. statecourtreport.org/our-work/ana...

My essay on the Kavanaugh concurrence in Noem v. Vasquez Perdomo is now live with the @nyulawreview.bsky.social online. Many thanks to the incredible editors who helped bring this piece to completion (rage-writing it in one week meant we did a lot of work on it post-acceptance!).

When state courts interpret their own constitutions to offer broader rights, the federal judiciary can't overturn them. A crucial safeguard against authoritarianism. @kasiawolfkot.bsky.social

A reminder that the president has no constitutional authority over federal election administration. statecourtreport.org/our-work/ana...

This will likely get lost in the shuffle of the submission season, so highlighting it for people to put on their calendars now: app.scholasticahq.com/conversation... Montana Symposium! Criminal Procedure, with room for state con law! June 30 deadline!

“The Constitution does not permit the government to arrest thousands of individuals and then disregard their constitutional rights because it would be too challenging to honor those rights.”

From the DOJ's attempts to access sensitive voter info to dismantling CISA and pardoning the people responsible for Jan. 6, the Trump administration's campaign to undermine elections is underway. But we can fight back. — @seanmorales-doyle.bsky.social in @nytopinion.nytimes.com

NEW: Most election cases in 2022 and 2024 were decided in state court. I previewed some of what the @statecourtreport.org team will be watching this election year -- and explain why Trump's call to nationalize elections is unconstitutional. statecourtreport.org/our-work/ana...

32 states have supreme court elections this year, and two have crucial ballot measures that could change how the states pick their judges. Read more @slate.com about about the judicial races I'm watching closely this year: slate.com/news-and-pol...

Yesterday on The View, Justice Jackson was asked about how SCOTUS has expanded presidential power with the immunity decision and greenlit presidential power grabs by way of the shadow docket. Here’s her response—and how she’s speaking to the public through her dissents.

NEW: Thirty-two states will hold elections for 65 seats on their highest courts this year. @douglaskeith.bsky.social previews the races to watch - including in Wisconsin, North Carolina, Montana, Washington, and more. statecourtreport.org/our-work/ana...

NEW: Last month, Utah lawmakers rushed to add two seats to the state's supreme court in a brazen (but not unique) escalation in legislative tactics to curb judicial independence. @milov-cordobam.bsky.social examines major trends in legislative attacks on state courts.

Something we're trying to do more of in @statecourtreport.org is publish pieces that tell the stories behind the development of state con law. This piece by @johnsurico.bsky.social is a fascinating account of the next generation of environmental rights cases. statecourtreport.org/our-work/ana...

Our totally kickass RA Arlyss Herzig just published a big SOLO piece on the effects of prison gerrymandering in the US. Check it out, and share it widely! www.brennancenter.org/our-work/res...

Utah's chief election officer, Lt Gov Deidre Henderson, has conducted a review of the state's voter rolls to identify any ineligible voters, including by running her rolls through the DHS SAVE Program. Guess how many non-citizens voted in Utah according to the review? Zero.

"We’ve seen more diversity over time within the legal profession and within positions of power, including the judiciary," @aliciabannon.bsky.social told 19th News. But the Trump admin's broad attacks on DEI programs could slow that progress.

NEW: Florida's high court will hear arguments tomorrow in Hubbard v. State of Florida, a case challenging the legality of one of Republican Gov. Ron DeSantis’s prosecutions of people with felony convictions who thought they were eligible to vote. @berrypatrick.bsky.social on what you need to know:

I am pleased to share my latest draft, "State Constitutions as Engines of Criminal Procedure Innovation." papers.ssrn.com/sol3/papers....

Can states criminally prosecute federal officers? "The short answer is yes, but it's complicated." @aliciabannon.bsky.social explains what you need to know. Subscibe to State Court Report to learn what states can do to protect our constitutional rights: go.statecourtreport.org/subscribe.

Check out this fascinating conversation with Yale Law Prof Judith Resnik about her book, Impermissible Punishments, which traces the history of power & punishment w/in prisons. She spoke with my @brennancenter.org colleagues @lbeisen.bsky.social & @stroud.bsky.social. www.youtube.com/watch?v=nnlV...

For The Ringer, I wrote about how amazing it was that the brilliant Catherine O'Hara finally became a superstar in her 60s, and how sad it is that she was taken from us just when we had all finally begun to appreciate her:

some Public Service Journalism: I took that Minnesota judge's pdf list of court orders that ICE violated, found all the cases on CourtListener and linked to the dockets reason.com/2026/01/30/j...

Caught in the snowday/first day of teaching backlog: Thanks to @statecourtreport.org at @brennancenter.org for this chance to discuss some of my research on the "private-use" takings provisions in state constitutions, statecourtreport.org/our-work/ana...;

Did you know the majority of cases about the right to bear arms are heard in state court? This is a fascinating discussion of 2025 gun rulings in Georgia, Iowa, Kansas, and Washington, by @kasiawolfkot.bsky.social & @cisozaki.bsky.social in @statecourtreport.org. statecourtreport.org/our-work/ana...

I LOVE these scholarship roundups by @miriamseifter.bsky.social. Check out the latest on state constitutions, federal-state conflicts, election administration, and more in @statecourtreport.org.

States have more power than many people realize to prosecute federal law enforcement for violations of state criminal law. I wrote about the legal framework governing these prosecutions in @statecourtreport.org. statecourtreport.org/our-work/ana...

NEW: Excited to share this report by @milov-cordobam.bsky.social, detailing how legislatures in 2025 targeted judicial independence and sought to inject politics into state courts - at a moment when we are relying on them more than ever to protect our rights. www.brennancenter.org/our-work/res...

"ICE has likely violated more court orders in January 2026 than some federal agencies have violated in their entire existence." The appendix documents 96 court orders in the MONTH OF JANUARY that ICE has violated.

States have more power than many people realize to prosecute federal law enforcement for violations of state criminal law. I wrote about the legal framework governing these prosecutions in @statecourtreport.org. statecourtreport.org/our-work/ana...

This is exactly right. States CAN play a huge role in immigration enforcement, but it depends on what's allowed under STATE law. There's a bunch of state litigation right now about what kind of cooperation is authorized, which I covered in @statecourtreport.org. statecourtreport.org/our-work/ana...

NEW: When can states prosecute federal agents? While it may not be easy, especially if federal officials impede an investigation, states have more power than people may realize. @aliciabannon.bsky.social breaks down the tools states have to hold federal officials accountable:

A magistrate judge found no probable cause to support arrest warrants for 5 people involved in the St. Paul church protest. DOJ appealed to the 8th Cir. That appeal led to this remarkable letter from the Chief Judge of the Minnesota district court… storage.courtlistener.com/recap/gov.us...

This is outrageous and un-American. Full stop. Let's start with the basics: being an observer or a protester does not make you a "domestic terrorist," as I explained shortly after an ICE officer shot and killed Renee Good. 1/12 www.brennancenter.org/our-work/ana...

State supreme court hiring info can be hard to track down, so I’m grateful to the @brennancenter.org and @statecourtreport.org for featuring this post! Thankful as well for the many friends who gave me the inside scoop on their state’s practices,

Incredible resource! My state supreme court clerkship was an absolutely incredible experience, but the process of getting it was incredibly confusing. This resource is the type of thing I dreamed of when I was a 2L!

Tomorrow, SCOTUS is hearing Trump v. Cook, a case involving President Trump’s attempts to remove Lisa Cook from the Fed. It’s a glaring example of the admin's coercive approach to power. And it could pose BIG problems, even if SCOTUS ultimately rules for Cook. Walk with me...🧵⬇️@brennancenter.org

As of last year, almost *60%* of people on FL's death row had been sentenced to death by non-unanimous juries. Last month, the state's supreme court unanimously upheld a law allowing death sentences with only 8/12 jurors' votes. Read all about the history and implications of the troubling practice:

At a time of conspiracy theories & stress on elections, SCOTUS just opened the floodgates to candidates challenging election rules, regardless of whether those rules will impact their races. The Bost decision could unleash frivolous suits to undermine election confidence or disrupt results.

Gov. Kathy Hochul endorsed legislation that would allow New York residents to sue ICE agents in state court for civil rights violations, an escalation of efforts by Democratic-led states to rein in the agency.

It's always exciting to see @statecourtreport.org's work featured in @slate.com. Read about Florida's use of non-unanimous death sentences in this excellent piece by @skess108.bsky.social & @kasiawolfkot.bsky.social. slate.com/news-and-pol...

Check out @ij.org's Rob Peccola in @statecourtreport.org about his recent victory in Pennsylvania's Commonwealth Court. It rejected the Camara standard for administrative warrants under the PA Constitution. The first state appellate court to do so! statecourtreport.org/our-work/ana...

Yesterday the Wyoming Supreme Court ruled that the state’s abortion ban violated the state constitution’s healthcare freedom amendment, originally an anti-ACA provision that established a rt to make health care decisions. Read @maryrziegler.bsky.social’s excellent analysis in @statecourtreport.org.

New year, new set of state oral arguments to watch -- including several this week! Check out @statecourtreport.org's oral argument previews by @erings.bsky.social & @skess108.bsky.social. statecourtreport.org/our-work/ana...

NEWS: A big ruling in Wyoming, where today the state supreme court struck down laws banning abortion. The court ruled the relevant laws violated the state constitution's healthcare freedom amendment, which establishes a right to make healthcare decisions. /1 www.msn.com/en-us/news/n...