New York: it is colder today than in parts of Antarctica. Stay inside, stay warm, stay safe. If you see a neighbor in need, call 311.

Today I'm releasing probably the most important scholarly thing I've ever worked on - a report based on talking with 144 people about why they don't vote or only vote regularly, and on what needs to be done to build a democracy that can include everyone. www.swarthmore.edu/u... please share!

On a night of life-threatening cold, a homeless person entered a Lansing bus station seeking refuge from the freezing temperatures. Video shows police slamming them to the ground and pinning them with knees on their neck as they plead, "I'm here because it's cold outside, and I have nowhere to go."

California recently banned federal law enforcement officials (including ICE) from wearing masks or concealing their identities. At least 17 other states have proposed similar laws. The federal government claims that these laws are unconstitutional. Is that right? Well, it's complicated 🧵 1/

NEW: Special elections in the razor-thin Democratic majority-Houses in Maine and Pennsylvania. Billions of dollars in funding for school. A congressional primary. There are plenty of important elections right around corner, in FEBRUARY. So i put together my monthly guide of elections to watch:

It seems timely to re-re-up this crystal clear Nov. 2025 @lawfaremedia.org article explaining precisely when federal officers can and cannot be criminally prosecuted by state authorities. It's by @bgodar.bsky.social of Univ of Wisconsin www.lawfaremedia.org/article/are-...

To learn more about states’ powers in this moment, check out our checks on federal overreach pieces, including on state prosecutions of federal officials and on DOJ’s efforts to access state voter rolls (which Bondi raised in her MN letter yesterday) statedemocracy.law.wisc.edu/research-exp...

On Lawfare Daily, @annabower.bsky.social spoke with @cshaplaw.bsky.social and @bgodar.bsky.social about the state of Minnesota’s jurisdiction to criminally investigate Jonathan Ross, the ICE official who reportedly shot and killed Renee Nicole Good on Jan. 7. youtu.be/YzmBR71KPW8

Homelessness is rising fast among a surprising group: Infants and toddlers hechingerreport.org/homelessness...

This, by @yeargain.bsky.social, looks super interesting and, better yet, incredibly useful. It's the kind of 50-state-constitutions survey that we at IJ often say "you know, that would be a really helpful article if only someone would write it."

The time to prepare for severe winter weather this weekend is now. Especially if you don't have a means to heat your home without power.

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!

Fascinating new cert grant just dropped.

It's time to talk to you about my cat.

When can the president invoke the Insurrection Act? What does invoking it allow the military to do? A Brennan Center explainer has the answers. bit.ly/3GsFBhL

1/ Starting a thread to track the DOJ voter data litigation as courts begin hearing these cases. So far, DOJ has sued 23 states + DC for refusing to hand over sensitive voter data like SSNs and driver's license numbers. My full analysis: statedemocracy.law.wisc.edu/featured/202...

The state of Minnesota is suing the Trump administration, calling widespread federal immigration operations in the Twin Cities "a federal invasion." https://cnn.it/3LJgMEq

@robyablon.bsky.social discusses the standard for immunity in regard to a fatal ICE shooting in Minnesota during an interview with AP News: buff.ly/dwjJIvz.

For the law nerds among us, my colleague Harrison Stark wrote an excellent piece explaining if and how these state created remedies would work. statedemocracy.law.wisc.edu/featured/202...

The seven circuits to resolve the issue - the 1st, 3rd, 5th, 7th, 9th, 10th, & 11th - all agree that the First Amendment protects the right to record police in public. The 8th, which covers Minnesota, hasn't joined yet but very likely would. My piece at @thedispatchmedia.bsky.social last fall.

NYCers: one of the things that’s helped me keep despair at bay is finding ways I can be useful/helpful, so I signed up with Reading Partners to help NYC kids become better readers and fall in love with books. You can too!

Wrote a piece for @slate.com explaining that states have a long history of prosecuting federal officers when they allegedly use excessive force. Federal officers are only immune from such prosecutions when they act reasonably in carrying out lawful duties.

In case you're wondering, yes, states can prosecute federal officials if they act beyond the scope of their duties, violate federal law, or behave in an egregious or unwarranted manner. More info here: statedemocracy.law.wisc.edu/featured/202...

To understand more about this, check out my colleague @bgodar.bsky.social's excellent explainer about when states can prosecute federal officials statedemocracy.law.wisc.edu/featured/202...

O'Hara says that Minneapolis police are investigating ICE's killing of a woman to see "if any state laws within the state of Minnesota have been violated"

NEW: The January edition of @skess108.bsky.social & @erings.bsky.social's state court oral argument roundup is here! Issues on the docket this month include: ⚖️ UT's execution methods ⚖️ ID's school-choice program ⚖️ Legislative responses to MO’s voter-approved abortion rights amendment And more!

State supreme courts are a battlefield for pressing issues, from abortion rights to ballot access. But do you know how your court works? Our guide breaks down the structure and procedures of every single state’s highest court.

All fifty states have laws criminalizing various forms of corruption. While many are limited to state and local officials, a few states' laws expressly cover federal officials too, potentially offering a pathway for addressing federal corruption.

If cost has kept you from picking up There Is No Place for Us (which is totally understandable), good news: the ebook is *$1.99* today—93% off!—on Kindle, B&N, Bookshop, and elsewhere. So grateful to everyone who's been reading and sharing the book this year. It means a lot.

I like the analogy he starts out with. "I took the bus down here from Dallas this morning . . . If the bus driver had told me he was 60% sure he could get me to Houston safely, I wouldn't have gotten on the bus."

Curious about all the historical research and historical amicus briefs that Justice Kagan referenced at the Slaughter oral arguments? @lmillerkaralunas.bsky.social has you covered with this annotated guide and links to the key historical briefs: www.brennancenter.org/our-work/res...

#BREAKING: Over dissents from the three democratic appointees, #SCOTUS puts Texas's new House maps back into effect for (and, presumably, through) the 2026 midterms. The three Democratic appointees, in an opinion by Justice Kagan, dissent. I'll post the ruling shortly.

Have 30 seconds during lunch? Make an impact by sending a letter to your City Council Member, showing support for increased and stabilized funding of NYC public library systems actionnetwork.org/letters/city...

Hello! @adamsopko.bsky.social and I have been working on a proposal to charter an AALS Section on State Constitutional Law. We believe that such a section is long overdue and that it is urgent to foster scholarly community and support in a growing discipline. Links to support this effort below: ⬇️

Nestled within this bizarre story is the important news that the Wisconsin Supreme Court has taken the first steps toward striking down its state’s GOP congressional gerrymander, a move that could net Democrats 2-3 more seats in the House of Representatives. slate.com/news-and-pol...

So.....today Indiana Republicans proposed a 9-0 redistricting map to eliminate both of the state's Democratic districts, gave the public less than 24 hrs notice of the hearing at 9am tomorrow AND included a deeply bizarre provision trying to restrict legal challenges to the map

Former law enforcement officials filed an amicus brief in support of defendants’ request to dismiss a Justice Dept lawsuit challenging Boston’s Trust Act. The Act outlines how local law enforcement engages in civil immigration-related enforcement & interacts w/ fed immigration authorities. 1/5

As the year comes to an end, I'm reposting some of the comics I made this year, including this ridiculous thing.

Saturday morning in Brooklyn: Let's read the Constitution together! With @mawaldman.bsky.social and special guest readers below; join us!! @brennancenter.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.

The Supreme Court did grant review of one case today, Watson v. Republican National Committee, and it's a big one over state laws allowing the counting of ballots cast by Election Day but received after Election Day. Here's the docket: www.supremecourt.gov/docket/docke... And question presented:

One week left to submit an abstract for our Scholarship Roundtable in April!

The last New York City mayoral candidate to secure over 1 million votes was John Lindsay in 1969. Zohran Mamdani will be the seventh New York City mayor ever to receive more than 1 million votes.

Mamdani, an immigrant who will become the city’s first Muslim mayor, has said that his election “is an opportunity for us to make clear that immigrants don’t just belong in the five boroughs of New York City — we also belong in City Hall.”

BREAKING: Zohran Mamdani wins the New York City mayoral race, NBC News projects. nbcnews.to/4nIzNUC

If you want the granular look at how the NYC mayoral candidates perform in neighborhoods across the city, you'll want to watch this precinct-level map, which will update as results start coming in.

whew, per the Board of Elections, we've hit 2M votes in New York City

Polls don't close until 9 p.m., but here's a gift link to the results page for the NYC mayoral election to bookmark to watch once they do. (No needle for this one.)

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.

🚨🚨🚨🚨🚨 This is the President openly announcing that he will violate court orders - two courts had concluded that the Trump regime withholding SNAP funding was illegal - and that the government had to pay out (at least reduced) SNAP benefits starting this week