Proud to join this brief with our friends @aclunm.bsky.social and @aclu.org's State Supreme Court Initiative

We're at @sxswedu.com! Watch @brennancenter.org's @erings.bsky.social lead a panel about the ways state constitutions can protect and empower youth. With @aclu.org's @harperseldin.bsky.social, @lwvus.bsky.social's @thecelinafactor.bsky.social, and @youthvgov.bsky.social's Julia Olson.

NEW: There are a number of significant state oral arguments this month, covering mid-decade redistricting, ghost guns, access to voter data, gender affirming care for minors, and more. Check out @skess108.bsky.social’s roundup in @statecourtreport.org. statecourtreport.org/our-work/ana...

State constitutions shape young people’s lives — from voting to LGBTQ+ policy to climate action to our schools. Yet fewer than half of Americans know their state has one. State Court Report's @erings.bsky.social joins experts at @sxswedu.com to discuss how constitutions can empower & protect youth.

Today, it’s almost impossible to sue federal officers for money damages if they violate your constitutional rights. As @harrisonstark.bsky.social explains in this Lawfare piece, state law could offer a solution through so-called “converse 1983” legislation. www.lawfaremedia.org/article/can-...

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...

YES. A turn to state constitutions for substantive protections from federal authoritarianism is a necessary development under the present circumstances. I've long seen federalism as on balance bad for rights—Jim Crow, after all, lasted nearly a century. But today, its potential can't be denied.

Americans have observed a national commemoration of Black history for 100 years. This Black History Month, we honor the legacy of those who fought for civil and voting rights. The Brennan Center is committed to carrying that work forward and ensuring everyone has a voice in our democracy.

The new SAVE Act’s “show your papers” requirement is a direct attack on the freedom to vote. bit.ly/4rA2p4R

Great piece from Brennan's @kasiawolfkot.bsky.social about the important revival of litigation in state courts and under state constitutions.

There's so much about so many states in here. Check it out!

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.

NEW: Minnesota and the cities of Minneapolis and St. Paul filed an important lawsuit last month arguing that Operation Metro Surge—the Trump administration's mass federal deployment—violates the 10th Amendment. @ilyasomin.bsky.social explains why "the suit deserves to prevail."

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...

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...

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, 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."

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...

NEW: State courts and constitutions play an important role in: -regulating elections -filling gaps in federal rights -constraining abuses of power by the federal government. Check out @kasiawolfkot.bsky.social's analysis of issue areas where we’re likely to see major decisions in 2026.

Full disclosure: Kasia was sad I chose this last-minute ruling that my colleagues are litigating when I had just sent in a draft for a different case. For posterity (and FWIW, which probably isn't much) I'm posting here that cutting-room-floor summary of an equitable powers case from Iowa.🧵1/

(1/16) 🧵🧵🧵@statecourtreport.org just published its annual year-end feature! Top legal thinkers tell us which cases from the last 12 months you all should know about. Dang — it's been a year. Topics include ICE action, executing innocent people, gerrymandering, and way more. @brennancenter.org

Yesterday, IL Gov. JB Pritzker signed HB 1312 into law, barring immigration enforcement inside or within 1,000 feet of state courthouses and making it easier to sue ICE agents for rights violations. Learn more about how states are resisting unjust immigration policy:

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.

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.

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.

TAKE ACTION: The Election Assistance Commission is accepting public comments on this request for a “show-your-papers” requirement. Will you speak out against this attack on the freedom to vote? bit.ly/4ngSyyl

What can you do if a federal official violates your constitutional rights? @uwlawdemocracy.bsky.social's Harrison Stark's argument that states can enact (or amend existing) civil rights statutes to allow damages suits against federal employees is a must read! @statecourtreport.org

Come to our FREE symposium on the power of state constitutions in Chicago, Nov. 6-7! Panels on so many rights: voting repro economic LGBTQ+ against cruel/unusual punishment Plus sessions on federalism, barriers to rights vindication, and constitutional amendments. SEE YOU THERE! 🤸🎉📚

friends, @brennancenter.org launched a podcast! give it a listen. this episode is a preview of the #SCOTUS term, with analysis from @mawaldman.bsky.social, Dr. Kareem Crayton @lizagoitein.bsky.social, Leah Tulin, and Prof. Gilda R. Daniels.

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.

Less than a week left (!!!) to vote for our panel "How State Constitutions Empower and Protect Youth" to be included in @sxswedu.com 2026. Head to the #SXSWEDU #PanelPicker and click the heart before August 24.

Only half of all Americans know their state has a constitution. You can help us change that! Please click on the link below to vote for our proposed SXSW EDU panel, How State Constitutions Empower and Protect Youth.

NEW: SCOTUS's controversial invocation of originalism has sparked a lively debate among justices about interpreting state court cases using "history and tradition." @cisozaki.bsky.social & Maryjane Johnson review recent critiques of originalism and alternative interpretive methods to consider.

Have you voted yet for our @statecourtreport.org SXSW EDU (proposed) panel? We've lined up an all-star group: @lwvus.bsky.social CEO Celina Stewart, @aclu.org's Harper Seldin, and @youthvgov.bsky.social's Julia Olson. But we need your vote! THANK YOU FOR VOTING! participate.sxsw.com/flow/sxsw/sx...

You can help State Court Report make it to South by Southwest EDU! Please vote below on a great panel.

With scant federal protections for those incarcerated in extreme heat, state constitutions could offer this particularly vulnerable population more relief.

NEW: Justices in Connecticut, Texas, and Pennsylvania have called on their courts to embrace independent state constitutional interpretations. @aliciabannon.bsky.social discusses recent state judicial opinions that critique lockstepping.

ICYMI: Hot weather leaves people behind bars particularly vulnerable. Ava Kaufman, @kasiawolfkot.bsky.social & @briannaseid.bsky.social wrote in @statecourtreport.org about limited federal protections & how state constitutions could offer a more promising answer. statecourtreport.org/our-work/ana...

Why did I write about state court pushback to the Dred Scott decision? Because President Trump’s January 2025 Executive Order directly cited the Dred Scott decision when he took aim at birthright citizenship. And we could see state courts pushback against the Supreme Court again. I'll explain. /1

A debate’s been brewing at the federal level over whether a judge in a single county can issue a statewide injunction, and it’s coming to state courts. Constance Van Kley explores how state courts can and should respond when it does.

More people have been executed in 2025 than in any year of the past decade. @kasiawolfkot.bsky.social explains how some states are strengthening protections against the death penalty. Stay informed on the latest developments in state courts and constitutions: go.statecourtreport.org/subscribe

If your Friday is going too well, here's an article I wrote about executions surging and states killing people in increasingly gruesome ways. There have also been instances of likely innocent people being executed—over prosecutors' or lawmakers' objections. @statecourtreport.org @slate.com

NEW: Despite support for the death penalty declining, there have been more executions in 2025 than any year in the past decade, "and states are...killing people in ever more gruesome ways..." @kasiawolfkot.bsky.social spoke with attorney John Mills about his anti-death-penalty advocacy.

Hawaii is suing oil companies by invoking the state constitution's "public trust doctrine," which declares that “all public natural resources are held in trust by the State for the benefit of the people." Sarah J. Morath explores this new trend in environmental litigation.

An absolutely remarkable concurrence by Chief Justice Karofsky in the WI Supreme Court case that held the state's total abortion ban is not in effect. CJ Karofsky recounts the stories of women, including her great-grandmother, who died bc of abortion restrictions. www.wicourts.gov/sc/opinion/D...

I know you have a lot of options for hearing a wrap up of this term of Court, but let me suggest that this one is going to be a banger! I hope you'll join us.

Obergefell v. Hodges came down 10 years ago today, making marriage equality the law of the land. Human rights lawyer Jordan Long wrote a beautiful article commemorating the anniversary for @statecourtreport.bsky.social and @brennancenter.org.

OH GREAT. Thomas calling for a reexamination of Section 1983 jurisprudence—the main way people whose civil rights have been violated by state actors sue. He also urged the Court to revisit abortion rights, Chevron deference, and affirmative action law. And look what happened to those.

Yes. @ddangaran.bsky.social made this same point in @statecourtreport.bsky.social: Skrmetti opens the door to bans on health care for trans adults, not just kids.

NEW: What’s next in the struggle for equal rights in the aftermath of SCOTUS’s decision upholding a ban on gender-affirming care for trans youth? @kasiawolfkot.bsky.social spoke with trans rights advocate @ddangaran.bsky.social about the impact of U.S. v. Skrmetti on trans people.