Alicia Bannon
@aliciabannon.bsky.social
Director of the Judiciary Program at the Brennan Center for Justice and Kohlberg Center on the U.S. Supreme Court. Editor-in-chief of State Court Report. All opinions are my own.
Reposted by Alicia Bannon
NEW: The Supreme Court's decision in Bush v. Gore "created an unprecedented firestorm when it reversed the Florida Supreme Court’s decision to order a recount based on Florida election law." @stevespaulding.bsky.social reflects on the landmark decision's legacy on the eve of its 25th anniversary.
Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore
The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.
statecourtreport.org
December 10, 2025 at 10:17 PM
NEW: The Supreme Court's decision in Bush v. Gore "created an unprecedented firestorm when it reversed the Florida Supreme Court’s decision to order a recount based on Florida election law." @stevespaulding.bsky.social reflects on the landmark decision's legacy on the eve of its 25th anniversary.
Reposted by Alicia Bannon
State courts shape daily life more than you think, but keeping up with the decisions that matter can be a challenge. From legal scholars to students to rights advocates, hear from some of our superusers about how they use State Court Report.
Subscribe today: go.statecourtreport.org/subscribe.
Subscribe today: go.statecourtreport.org/subscribe.
December 12, 2025 at 4:39 PM
State courts shape daily life more than you think, but keeping up with the decisions that matter can be a challenge. From legal scholars to students to rights advocates, hear from some of our superusers about how they use State Court Report.
Subscribe today: go.statecourtreport.org/subscribe.
Subscribe today: go.statecourtreport.org/subscribe.
Across the country, state supreme courts don’t reflect the diversity of the communities they serve. I wrote about why having a diverse bench can help judges do a better job of getting things right. statecourtreport.org/our-work/ana...
Why We Should Care About Diversity on the Bench
New data shows women and people of color are underrepresented on state high courts.
statecourtreport.org
December 12, 2025 at 1:46 PM
Across the country, state supreme courts don’t reflect the diversity of the communities they serve. I wrote about why having a diverse bench can help judges do a better job of getting things right. statecourtreport.org/our-work/ana...
Reposted by Alicia Bannon
Who sits on the state's highest courts isn't just symbolic -- it can matter to outcomes that shape everyday lives. My colleague @aliciabannon.bsky.social discusses why diversity on the bench is so important in @statecourtreport.org's latest newsletter.
Read the post & our latest analysis below!
Read the post & our latest analysis below!
December 11, 2025 at 9:19 PM
Who sits on the state's highest courts isn't just symbolic -- it can matter to outcomes that shape everyday lives. My colleague @aliciabannon.bsky.social discusses why diversity on the bench is so important in @statecourtreport.org's latest newsletter.
Read the post & our latest analysis below!
Read the post & our latest analysis below!
Reposted by Alicia Bannon
A new report describing the diversity of state supreme courts reveals "a stark disconnect between the composition of many of these powerful bodies and the communities they serve." @aliciabannon.bsky.social discusses why that matters In the latest State Court Report newsletter.
Why We Should Care About Diversity on the Bench
New data shows women and people of color are underrepresented on state high courts.
statecourtreport.org
December 11, 2025 at 8:39 PM
A new report describing the diversity of state supreme courts reveals "a stark disconnect between the composition of many of these powerful bodies and the communities they serve." @aliciabannon.bsky.social discusses why that matters In the latest State Court Report newsletter.
Reposted by Alicia Bannon
Originalism’s creep in the courts may seem inevitable. But litigators do have tools to push back – and for the first time, my colleagues @tomtmwolf.bsky.social, @cisozaki.bsky.social and I have collected the many moves litigators can make in a single resource: www.brennancenter.org/our-work/res...
Countering Originalism
This guide offers lawyers strategies, arguments, and citations to address originalist claims they encounter in litigation.
www.brennancenter.org
December 11, 2025 at 2:18 PM
Originalism’s creep in the courts may seem inevitable. But litigators do have tools to push back – and for the first time, my colleagues @tomtmwolf.bsky.social, @cisozaki.bsky.social and I have collected the many moves litigators can make in a single resource: www.brennancenter.org/our-work/res...
More reflections on Bush v. Gore! Eliza Sweren-Becker @brennancenter.org writes about how a concurrence introduced the independent state legislature theory, threatening to strip state courts of power re: federal elections. SCOTUS rejected the theory in 2023. statecourtreport.org/our-work/ana...
Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.
statecourtreport.org
December 11, 2025 at 2:51 PM
More reflections on Bush v. Gore! Eliza Sweren-Becker @brennancenter.org writes about how a concurrence introduced the independent state legislature theory, threatening to strip state courts of power re: federal elections. SCOTUS rejected the theory in 2023. statecourtreport.org/our-work/ana...
I cannot believe it's been 25 years since Bush v Gore. I loved this reflection on the decision and the current state of our democracy from retired Florida Supreme Court Justice Barbara Pariente. New in @statecourtreport.org. statecourtreport.org/our-work/ana...
Judging Democracy: A Former Justice Reflects on Bush v. Gore 25 Years Later
The legal battles over the 2000 presidential election were the beginning of a cautionary tale reminding us that democracy does not sustain itself.
statecourtreport.org
December 10, 2025 at 7:26 PM
I cannot believe it's been 25 years since Bush v Gore. I loved this reflection on the decision and the current state of our democracy from retired Florida Supreme Court Justice Barbara Pariente. New in @statecourtreport.org. statecourtreport.org/our-work/ana...
Reposted by Alicia Bannon
Bush v. Gore was decided 25 years ago this week.
Bush may have won the case, but Justice Stevens wrote that "the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.” www.brennancenter.org/our-work/ana...
Bush may have won the case, but Justice Stevens wrote that "the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.” www.brennancenter.org/our-work/ana...
Supreme Court and Election Law Still Feel the Fallout 25 Years After Bush v. Gore
The 5–4 decision started a long slide in public approval for the court, accentuated by a widening partisan gap.
www.brennancenter.org
December 9, 2025 at 9:31 PM
Bush v. Gore was decided 25 years ago this week.
Bush may have won the case, but Justice Stevens wrote that "the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.” www.brennancenter.org/our-work/ana...
Bush may have won the case, but Justice Stevens wrote that "the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law.” www.brennancenter.org/our-work/ana...
Reposted by Alicia Bannon
It starts with knowing the truth. Don’t allow yourselves to be gaslit into believing this is a real question.
December 6, 2025 at 2:44 PM
It starts with knowing the truth. Don’t allow yourselves to be gaslit into believing this is a real question.
Reposted by Alicia Bannon
Outside of my day job, I have a project about law & life in Victorian London. Details in due course. For now, I’m putting that knowledge to use for Advent. It’s 24 days of Victorian occupations! Each day I’ll post a different (hopefully merry!) job from the days of Dickens.🧵
December 1, 2025 at 9:30 PM
Outside of my day job, I have a project about law & life in Victorian London. Details in due course. For now, I’m putting that knowledge to use for Advent. It’s 24 days of Victorian occupations! Each day I’ll post a different (hopefully merry!) job from the days of Dickens.🧵
Reposted by Alicia Bannon
Monday @ 10 AM: SCOTUS holds argument in Trump v. Slaughter. It’s a case about the president’s ability to remove Federal Trade Commissioners from office. It’s also a significant showdown over presidential power more broadly. A 🧵on issues to watch @brennancenter.org
December 5, 2025 at 8:16 PM
Monday @ 10 AM: SCOTUS holds argument in Trump v. Slaughter. It’s a case about the president’s ability to remove Federal Trade Commissioners from office. It’s also a significant showdown over presidential power more broadly. A 🧵on issues to watch @brennancenter.org
I *always* learn something when @ijsanders.bsky.social writes for State Court Report, even (especially?!) when I have a different view. He grapples with genuinely hard questions about how to give meaning to capacious state constitutional language protecting liberty. An excellent read!
“Fundamental rights” in state courts are in a state of confusion. I argue in @statecourtreport.org that’s because the old “fundamental vs nonfundamental” paradigm doesn’t work anymore. Instead, advocates (even progressives!) should “Make Lochner Your Friend.” 🧵
statecourtreport.org/our-work/ana...
statecourtreport.org/our-work/ana...
"Liberty" is a Big Word, and That’s OK
A recent abortion rights decision in North Dakota demonstrates that the distinction between “fundamental” and “non-fundamental” rights doesn’t always make sense in state constitutional jurisprudence.
statecourtreport.org
December 5, 2025 at 6:13 PM
I *always* learn something when @ijsanders.bsky.social writes for State Court Report, even (especially?!) when I have a different view. He grapples with genuinely hard questions about how to give meaning to capacious state constitutional language protecting liberty. An excellent read!
Reposted by Alicia Bannon
Reposted by Alicia Bannon
The fall semester has been SUPER busy for the members of the Historians Council on the Constitution. Walk with me through this 🧵for highlights from the historians' work on some of the most pressing legal issues of the day, from agency independence to voting rights... @brennancenter.org
December 2, 2025 at 5:38 PM
The fall semester has been SUPER busy for the members of the Historians Council on the Constitution. Walk with me through this 🧵for highlights from the historians' work on some of the most pressing legal issues of the day, from agency independence to voting rights... @brennancenter.org
Reposted by Alicia Bannon
Gentle reminder as we close out the fall semester that you should submit that abstract/idea/working paper for the 15th Annual Fed Courts Junior Scholars conference. More details at the link below. Reach out w/ questions, & *please share this widely.* We have an amazing lineup of senior scholars!
Call for Papers for 15th Annual Fed Courts Junior Scholars conference is now up: law.ku.edu/junior-facul.... Lots of advanced notice, hope you will consider submitting!
Will work on distributing this to various listservs and blogs, but please share if you are able.
Will work on distributing this to various listservs and blogs, but please share if you are able.
15th Annual Junior Faculty Federal Courts Workshop
April 24, 2026| KU School of Law
law.ku.edu
December 1, 2025 at 9:47 PM
Gentle reminder as we close out the fall semester that you should submit that abstract/idea/working paper for the 15th Annual Fed Courts Junior Scholars conference. More details at the link below. Reach out w/ questions, & *please share this widely.* We have an amazing lineup of senior scholars!
Reposted by Alicia Bannon
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: ⬇️
December 1, 2025 at 3:14 PM
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: ⬇️
Reposted by Alicia Bannon
When you hear "ICE," you probably think of federal courts, but state courts are emerging as key checks on immigration enforcement. Cases piling up now could shape what ICE can do on the ground. To learn more, subscribe to our free newsletter: go.statecourtreport.org/subscribe.
November 28, 2025 at 6:41 PM
When you hear "ICE," you probably think of federal courts, but state courts are emerging as key checks on immigration enforcement. Cases piling up now could shape what ICE can do on the ground. To learn more, subscribe to our free newsletter: go.statecourtreport.org/subscribe.
Reposted by Alicia Bannon
Immigration enforcement is usually thought of as a federal issue, but ICE's work is intertwined with state law in a number of ways. @aliciabannon.bsky.social examines recent state litigation WI, NY, and CA that will shape the relationship between ICE and the states & localities in which it operates.
State Challenges to Immigration Enforcement Practices
Recent lawsuits in Wisconsin, New York, and California explore questions about the role of state law in federal immigration enforcement.
statecourtreport.org
November 26, 2025 at 7:18 PM
Immigration enforcement is usually thought of as a federal issue, but ICE's work is intertwined with state law in a number of ways. @aliciabannon.bsky.social examines recent state litigation WI, NY, and CA that will shape the relationship between ICE and the states & localities in which it operates.
Reposted by Alicia Bannon
As we all wait for Callais to come down, our piece showing that Shelby County increased the racial turnout gap in most of the covered parts of the country has cleared the replication check and is incoming at JOP.
Gutting the VRA was bad, actually.
Gutting the VRA was bad, actually.
November 24, 2025 at 12:47 AM
As we all wait for Callais to come down, our piece showing that Shelby County increased the racial turnout gap in most of the covered parts of the country has cleared the replication check and is incoming at JOP.
Gutting the VRA was bad, actually.
Gutting the VRA was bad, actually.
Reposted by Alicia Bannon
NEW: Amid attacks on DEI (diversity, equity, and inclusion), the need for representative state supreme courts is as urgent as ever. @cisozaki.bsky.social and Jamie Muth share key takeaways from their latest analysis of state supreme court diversity for @brennancenter.org.
Everyone Benefits When Judges Come from a Variety of Backgrounds
Amid attacks on “diversity, equity, and inclusion,” the need for representative state supreme courts is as urgent as ever.
statecourtreport.org
November 21, 2025 at 8:39 PM
NEW: Amid attacks on DEI (diversity, equity, and inclusion), the need for representative state supreme courts is as urgent as ever. @cisozaki.bsky.social and Jamie Muth share key takeaways from their latest analysis of state supreme court diversity for @brennancenter.org.
NEW: I wrote for @statecourtreport.org about the important role *state* law plays in immigration enforcement, and some ongoing litigation in WI, NY, and CA that will shape the relationship between ICE and the states and localities in which it operates. statecourtreport.org/our-work/ana...
State Challenges to Immigration Enforcement Practices
Recent lawsuits in Wisconsin, New York, and California explore questions about the role of state law in federal immigration enforcement.
statecourtreport.org
November 20, 2025 at 8:55 PM
NEW: I wrote for @statecourtreport.org about the important role *state* law plays in immigration enforcement, and some ongoing litigation in WI, NY, and CA that will shape the relationship between ICE and the states and localities in which it operates. statecourtreport.org/our-work/ana...
Reposted by Alicia Bannon
If this reporting is right, it looks like that while Utah lawmakers are going to appeal rulings adopting a court-drawn congressional map, they aren’t going to try to change the map for the 2026 midterms.
kutv.com/news/local/u...
kutv.com/news/local/u...
Utah House Speaker says judge's timing 'tied our hands' on appeal of redistricting ruling
A week after a 3rd District Court ruling threw Utah’s congressional boundaries into turmoil, the rapid legal battle many expected has yet to materialize.The Hin
kutv.com
November 20, 2025 at 1:41 AM
If this reporting is right, it looks like that while Utah lawmakers are going to appeal rulings adopting a court-drawn congressional map, they aren’t going to try to change the map for the 2026 midterms.
kutv.com/news/local/u...
kutv.com/news/local/u...
Reposted by Alicia Bannon
State supreme courts are still overwhelmingly white & male
⚖️ 18 states: 0 justices of color
⚖️ 47 states + DC: 0 Native American justices
⚖️ 42 states: 0 Asian American justices
⚖️ 39 + DC: 0 Latino justices
⚖️ 24 states: 0 Black justices
New @brennancenter.org analysis below👇👇
⚖️ 18 states: 0 justices of color
⚖️ 47 states + DC: 0 Native American justices
⚖️ 42 states: 0 Asian American justices
⚖️ 39 + DC: 0 Latino justices
⚖️ 24 states: 0 Black justices
New @brennancenter.org analysis below👇👇
State Supreme Court Diversity - November 2025 Update
Many state supreme courts lack diversity in terms of their justices’ race, ethnicity, gender, and professional background.
www.brennancenter.org
November 18, 2025 at 7:47 PM
State supreme courts are still overwhelmingly white & male
⚖️ 18 states: 0 justices of color
⚖️ 47 states + DC: 0 Native American justices
⚖️ 42 states: 0 Asian American justices
⚖️ 39 + DC: 0 Latino justices
⚖️ 24 states: 0 Black justices
New @brennancenter.org analysis below👇👇
⚖️ 18 states: 0 justices of color
⚖️ 47 states + DC: 0 Native American justices
⚖️ 42 states: 0 Asian American justices
⚖️ 39 + DC: 0 Latino justices
⚖️ 24 states: 0 Black justices
New @brennancenter.org analysis below👇👇
Reposted by Alicia Bannon
NEW: Judge dismisses the Trump Admin's challenge to NY's Protect Our Courts Act, a law prohibiting immigration arrests at NY's courthouses!
This is an important response to those who say states can't hold ICE officers accountable to the law.
www.courtlistener.com/docket/70522...
This is an important response to those who say states can't hold ICE officers accountable to the law.
www.courtlistener.com/docket/70522...
Order on Motion to Dismiss for Failure to State a Claim – #66 in United States v. State of New York (N.D.N.Y., 1:25-cv-00744) – CourtListener.com
Order on Motion to Dismiss for Failure to State a Claim
www.courtlistener.com
November 18, 2025 at 1:35 AM
NEW: Judge dismisses the Trump Admin's challenge to NY's Protect Our Courts Act, a law prohibiting immigration arrests at NY's courthouses!
This is an important response to those who say states can't hold ICE officers accountable to the law.
www.courtlistener.com/docket/70522...
This is an important response to those who say states can't hold ICE officers accountable to the law.
www.courtlistener.com/docket/70522...