The strongest arguments against qualified immunity reform are that lawsuit costs would skyrocket and officer retention would plummet. Alex Reinert, Jim Pfander, and I studied qualified immunity reforms in Colorado and New Mexico and can report: the sky is not falling. papers.ssrn.com/sol3/papers....

Join us next week for this panel!

BREAKING: Judge Patrick Schiltz in Minnesota threatens criminal contempt, if necessary, to address ICE noncompliance in an order calling out U.S. Attorney Daniel Rosen's response to Schiltz's earlier questions about noncompliance with court orders. "ICE will comply with this Court's orders."

Judge Bryan in Minnesota has scheduled a combined contempt hearing in morethan two dozen immigration cases for what he says has been widespread defiance of his orders to ensure released detainees are given their confiscated property. storage.courtlistener.com/recap/gov.us...

Join us for the next installment in our Election Matters series, "The Battle Over Mid-Decade Redistricting" on March 6, 3-4:15 pm CT. Panelists will offer an update on mid-decade redistricting and how it may impact the 2026 midterms. Register here: go.wisc.edu/95y7s8

"[L]ocal police did not open investigations into six of the 12 shootings by on-duty federal agents that have led to the deaths or injuries of citizens and immigrants since September, a ProPublica analysis found."

Relevant to this essay, UT's Republican governor signed a bill this weekend to add two new supreme court justices that he would appoint. Unlike a constitutional amendment, which goes to voters, the bill did not give voters a chance to directly weigh in. www.sltrib.com/news/politic...

We argue that state constitutions do not bar efforts to align state courts with popular preferences or the public's vision for the judiciary. But they do require, at a minimum, that outcome-shaping changes receive public engagement and validation--a component that is often lacking today.

Nine DAs are coalescing to work on prosecuting federal agents for 'overreach': —L. Krasner in Philly —J. Creuzot in Dallas —M. Moriarty in Minneapolis —L. Conover in Tucson —S. Descano in Fairfax (VA) —R. Fatehi in Norfolk (VA) —S. Morales in Portsmouth (VA) —P. Dehghani-Tafti in Arlington (VA)

DOJ's Oregon case officially dismissed: Yesterday, the judge called a hearing to require DOJ to explain how AG Bondi's weekend demand for MN's voter data in exchange for ICE leaving impacts the OR case. The judge's prior "tentative" dismissal is now final, though an opinion is still forthcoming. 15/

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...

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-...

DHS has shot 12 people during immigration enforcement operations since September:

BREAKING: Trump-appointed judge blocks FBI/DOJ/DHS from destroying or altering evidence related to shooting of Alex Pretti by Border Patrol agent in Minneapolis. Judge Eric Tostrud grants TRO & sets Monday hearing. storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2026/01...

BREAKING: MN Bureau of Criminal Apprehension & Hennepin DA file fed lawsuit dmeanding immediate access to federal evidence in DHS agent's deadly shooting of observer during immigration enforcement operation Sat. Doc: storage.courtlistener.com/recap/gov.us... Earlier: www.politico.com/news/2026/01...

The Star Tribune reports that federal agents "attempted to order local police from the scene" where a man was shot and killed by feds this morning, but Minneapolis Police Chief Brian O’Hara refused and "instructed his officers to preserve the scene."

Great resource from @derekclinger.bsky.social tracking all the DOJ lawsuits seeking states' voter data. Today, a GA district court dismissed one case, finding it was filed in the wrong court. Last week, a CA district court dismissed another case on the merits.

BREAKING: Immigration officers are asserting sweeping power to enter homes without a judge’s warrant, a memo obtained by AP says.

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!

Do ICE Officers Have Immunity? @hannarosin.bsky.social interviews @bgodar.bsky.social of @uwlawdemocracy.bsky.social for @theatlantic.com: "There are several cases where federal courts have recognized that federal officers do not have absolute immunity." www.theatlantic.com/podcasts/202...

President Trump is threatening to use the Insurrection Act to deploy military to Minnesota. To learn more about the act and its limits, check out this explainer from @brennancenter.org

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...

BREAKING: Minnesota, Minneapolis, and St. Paul sue Noem and others over DHS immigration enforcement surge in Minnesota, seeking TRO to block the surge and stop unlawful actions detailed in the complaint.

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.

Might be a good time to re-up this @lawfaremedia.org piece by @bgodar.bsky.social www.lawfaremedia.org/article/are-...

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...

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.

Justices Ziegler and Bradley dissented from the order granting the petition to hear the case. Justice Hagedorn wrote separately, discussing the "longstanding tradition against public dissents from a grant order" that has eroded in recent years #SCOWIS www.wicourts.gov/sc/order/Dis...

The case follows rulings in other states where courts have concluded that state law prohibits local law enforcement officers from detaining people solely on the basis of alleged civil immigration violations.

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: ⬇️

A Utah judge last night rejected a congressional map proposed by Republican legislators in the state and instead selected an alternative that will create a Democratic-leaning district anchored in Salt Lake County, The Salt Lake Tribune reports.

In short, federal officials do not have blanket immunity from state criminal prosecutions for on-the-job acts.

Wondering who is voting on what today? Check out @boltsmag.org's election guide:

Property owners have increasingly used state law to challenge programs and policies meant to assist the poor. As Staff Attorney @bridgetlavender.bsky.social explains in the State Court Report, state efforts to defend these policies have been mostly successful. statecourtreport.org/our-work/ana...

A Wisconsin circuit judge today stayed his ruling that would have required the Wisconsin Elections Commission to conduct citizenship checks of voters beyond what is required in state statute. The order is also being challenged on appeal. www.msn.com/en-us/news/p...

The Hastie Fellowship is a two-year program supporting aspiring scholars preparing for a career in law teaching. Learn about the program from previous Hastie Fellows: buff.ly/75YTzc4. Interested in the program? Learn more and apply: buff.ly/ib0bu6H.

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...

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.

We filed a brief yesterday explaining that the Constitution’s structure envisions an active role for states in redressing the constitutional violations of federal actors and, historically, state-level causes of action were the primary way for individuals to recover for injuries by federal actors.

@miriamseifter.bsky.social, @robyablon.bsky.social, & other scholars filed an amicus brief last week urging the OR Court of Appeals to consider the OR Constitution's democratic commitments when analyzing whether state law authorizes invasive surveillance. statedemocracy.law.wisc.edu/featured/202...

Check out Harrison Stark's @statecourtreport.org piece exploring the long history -- and present possibility -- of suing federal officials under state law. statecourtreport.org/our-work/ana...

A Wisconsin court ruled Friday that the elections commission has to adopt new U.S. citizen verification procedures for voter registrants but did not specify what those procedures must be. Defendants filed a stay motion pending appeal, appeal to come.

As states start to pass laws banning law enforcement from wearing masks, @bridgetlavender.bsky.social has an explainer on the constitutionality of such laws as applied to ICE and other federal law enforcement officers: statedemocracy.law.wisc.edu/featured/202.... The short answer: it's complicated.

After a few months of uncertainty and Justice Rebecca Bradley bowing out, the WI Supreme Court race now has two candidates. Court of Appeals Judge Maria Lazar announced her campaign today. She'll be running against another member of the appeals court, Judge Chris Taylor. apnews.com/article/wisc...

Tomorrow at 12:15 pm CT, the AZ Supreme Court hears Center for Arizona Policy v. Secretary of State—a rare test of state‑constitutional limits on campaign finance disclosure. Watch: www.azcourts.gov/AZ-Supreme-C... Amicus from SDRI’s @miriamseifter.bsky.social  & @robyablon.bsky.social (& others):

States have a long history of charging federal actors under state criminal laws, particularly during periods of heightened tensions over issues like prohibition, slavery, and integration. My latest piece covers this history and explains when state prosecutions can proceed.

For years, Wisconsin has been an outlier in how much power its legislative committees wield. The Evers v. Marklein decision struck down several of those powers, bringing Wisconsin more in line with other states on the question of legislative vetoes.

Thanks to the enormous efforts of @ewlau.bsky.social and others on the SDRI team, there are now fourteen states with full constitutional histories, letting you track changes over time. More are in progress. Check it out at 50constitutions.org.

In addition to the abortion case, this explainer covers several election cases and four major separation-of-powers cases involving the partial veto, administrative rulemaking, and the AG's power to settle civil lawsuits.

📣 UW Law School's State Democracy Research Initiative is hiring! We’re searching for a program coordinator to support SDRI in all aspects of its work, from events to communications and research support. Apply here: go.wisc.edu/6p0b3n