Bryna Godar
@bgodar.bsky.social
Staff Attorney, State Democracy Research Initiative (@uwlawdemocracy.bsky.social)
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.
Check out @miriamseifter.bsky.social & @bgodar.bsky.social 's forthcoming essay for Northwestern U. L. Rev., exploring how state constitutional principles inform permissible state court reforms and highlighting recent legislative efforts at odds with these principles. go.wisc.edu/4fr1x1
Court Reform and State Constitutions
State legislatures regularly propose and enact laws that seek to shape the substantive outcomes of state courts. These measures, including court-packing efforts
go.wisc.edu
January 30, 2026 at 9:46 PM
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.
Reposted by Bryna Godar
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)
—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)
January 28, 2026 at 12:41 AM
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)
—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)
Reposted by Bryna Godar
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/
January 27, 2026 at 3:56 PM
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...
Exploring State Checks Against Federal Overreach
Published: August 8, 2025 Updated: January 21, 2026 States have many tools to help counter federal abuses of power. Facing a torrent of controversial federal government actions, states today are pursu...
statedemocracy.law.wisc.edu
January 25, 2026 at 7:16 PM
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...
Reposted by Bryna Godar
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-...
www.lawfaremedia.org/article/are-...
Are Federal Officials Immune From State Prosecution?
Contrary to recent assertions, federal officers do not have blanket immunity from criminal prosecutions brought by states.
www.lawfaremedia.org
January 25, 2026 at 6:46 PM
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-...
www.lawfaremedia.org/article/are-...
Reposted by Bryna Godar
DHS has shot 12 people during immigration enforcement operations since September:
January 25, 2026 at 4:27 PM
DHS has shot 12 people during immigration enforcement operations since September:
Reposted by Bryna Godar
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...
Order on Motion for TRO – #10 in Minnesota Bureau of Criminal Apprehension v. Noem (D. Minnesota, 0:26-cv-00628) – CourtListener.com
Order on Motion for TRO
storage.courtlistener.com
January 25, 2026 at 5:18 AM
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...
Reposted by Bryna Godar
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...
#1 in Minnesota Bureau of Criminal Apprehension v. Noem (D. Minnesota, 0:26-cv-00628) – CourtListener.com
COMPLAINT against All Defendants (filing fee $ 405, receipt number AMNDC-12575332) filed by Hennepin County Attorney's Office, Minnesota Bureau of Criminal Apprehension. Filer requests summons issued....
storage.courtlistener.com
January 25, 2026 at 3:50 AM
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...
Reposted by Bryna Godar
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."
Live: Man shot and killed by federal agents in south Minneapolis this morning, police chief says
A video appears to shows federal agents wrestling a man to the ground then shooting him.
www.startribune.com
January 24, 2026 at 4:40 PM
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.
New resource: We're tracking all 25 DOJ lawsuits seeking states' sensitive voter data, including status, key decisions (2 dismissals + 1 tentative dismissal so far), and upcoming hearings.
Check it out here: go.wisc.edu/93o421
Read our deep dive on the legal issues here: go.wisc.edu/070765
Check it out here: go.wisc.edu/93o421
Read our deep dive on the legal issues here: go.wisc.edu/070765
Tracker: DOJ Lawsuits Seeking States’ Sensitive Voter Data
Last Updated: January 23, 2026 As part of President Trump’s efforts to expand federal control over the country’s historically state-run election infrastructure, the U.S. Department of Justice has dema...
go.wisc.edu
January 23, 2026 at 7:27 PM
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.
Reposted by Bryna Godar
BREAKING: Immigration officers are asserting sweeping power to enter homes without a judge’s warrant, a memo obtained by AP says.
Immigration officers assert sweeping power to enter homes without a judge's warrant, memo says
An Immigration and Customs Enforcement memo obtained by The Associated Press reveals that the agency allows immigration officers to forcibly enter homes to make arrests without a judicial warrant.
bit.ly
January 21, 2026 at 9:32 PM
BREAKING: Immigration officers are asserting sweeping power to enter homes without a judge’s warrant, a memo obtained by AP says.
Reposted by Bryna Godar
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!
NEW: For law students and young attorneys, state supreme court clerkships are among the most exciting jobs available, but the application process can be confusing. @jakemazeitis.bsky.social explains which courts regularly hire term law clerks and roughly how many opportunities might be available.
Who’s Hiring State Supreme Court Clerks?
State-by-state information to aid law students and young attorneys in securing a state clerkship.
statecourtreport.org
January 21, 2026 at 6:05 PM
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!
Reposted by Bryna Godar
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...
@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...
Do ICE Officers Have ‘Immunity’?
States don’t often prosecute federal officers, but they can.
www.theatlantic.com
January 15, 2026 at 11:23 PM
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...
@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
January 15, 2026 at 3:43 PM
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
Reposted by Bryna Godar
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...
My full analysis: statedemocracy.law.wisc.edu/featured/202...
Explainer: Can the Federal Government Force States to Hand Over Citizens’ Voter Information?
Derek Clinger, Senior Counsel PDF Available Here Published: December 19, 2025 In late October 2025, Michigan Secretary of State Jocelyn Benson released an unusual video message “warning” the state’s r...
statedemocracy.law.wisc.edu
January 14, 2026 at 2:05 PM
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...
My full analysis: statedemocracy.law.wisc.edu/featured/202...
Reposted by Bryna Godar
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.
January 12, 2026 at 9:56 PM
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.
Minnesota Could Prosecute the ICE Shooter. Trump Can’t Pardon Him.
Shortly after an ICE officer shot and killed a woman in Minneapolis, city leaders began looking into whether the officer had violated state criminal law.
slate.com
January 7, 2026 at 11:29 PM
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.
Reposted by Bryna Godar
Might be a good time to re-up this @lawfaremedia.org piece by @bgodar.bsky.social
www.lawfaremedia.org/article/are-...
www.lawfaremedia.org/article/are-...
Are Federal Officials Immune From State Prosecution?
Contrary to recent assertions, federal officers do not have blanket immunity from criminal prosecutions brought by states.
www.lawfaremedia.org
January 7, 2026 at 9:45 PM
Might be a good time to re-up this @lawfaremedia.org piece by @bgodar.bsky.social
www.lawfaremedia.org/article/are-...
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...
January 7, 2026 at 7:13 PM
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.
As the federal government pulls back from policing public corruption, can states help to fill the void? This explainer by @bgodar.bsky.social explores the potential for states to use their own anticorruption laws and other tools to address federal-level corruption. go.wisc.edu/ive401
Explainer: State Tools to Address Federal Corruption
Bryna Godar, Staff Attorney PDF Available Here Published: December 9, 2025 Federal laws and institutions have long played a central role in addressing public corruption. Federal prosecutors have broug...
go.wisc.edu
December 10, 2025 at 4:54 PM
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...
December 3, 2025 at 8:42 PM
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.
Wisconsin Supreme Court accepts case challenging sheriffs' authority to detain immigrants via @henry-redman.bsky.social wisconsinexaminer.com/briefs/wisco...
Wisconsin Supreme Court accepts case challenging sheriff authority to detain immigrants • Wisconsin Examiner
The Wisconsin Supreme Court agreed to hear a lawsuit against the ability of county sheriffs to detain migrants on behalf of ICE.
wisconsinexaminer.com
December 3, 2025 at 8:39 PM
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.
Reposted by Bryna Godar
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 Bryna Godar
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.
‘Extreme’ gerrymander: Utah judge rejects GOP lawmakers’ congressional map, picks districts favoring Democrats
A Utah judge rejected new congressional boundaries proposed by Republican lawmakers, instead choosing a map that will create a heavily Democratic-leaning district in Salt Lake County.
www.sltrib.com
November 11, 2025 at 3:00 PM
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.
As federal immigration enforcement agents carry out widespread immigration raids throughout the country, their actions are increasingly facing scrutiny. @bgodar.bsky.social evaluates whether federal officials who violate state criminal law are immune from state prosecution.
Are Federal Officials Immune From State Prosecution?
Contrary to recent assertions, federal officers do not have blanket immunity from criminal prosecutions brought by states.
www.lawfaremedia.org
November 6, 2025 at 8:27 PM
In short, federal officials do not have blanket immunity from state criminal prosecutions for on-the-job acts.