Douglas Keith
@douglaskeith.bsky.social
@BrennanCenter, focus on courts + state constitutions. Co-founding editor @StateCourtReport. Dad.
Reposted by Douglas Keith
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 Douglas Keith
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 Douglas Keith
Check out my latest @brennancenter.org report:
⚖️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
Bottom line? States high courts still fail to reflect the communities they serve
⚖️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
Bottom line? States high courts still fail to reflect the communities they serve
Judges from diverse demographic and professional backgrounds can reduce bias, improve decision-making, and build public trust. Yet in 18 states, there are no justices of color — including 12 where people of color make up at least 20% of the population. bit.ly/3JW6lN6
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 7:57 PM
Check out my latest @brennancenter.org report:
⚖️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
Bottom line? States high courts still fail to reflect the communities they serve
⚖️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
Bottom line? States high courts still fail to reflect the communities they serve
Last night a federal judge rejected the Trump Administration's challenge to NY's Protect Our Courts Act, a law prohibiting ICE officers from making immigration arrests in NY's courthouses.
The ruling is a very significant one for a few reasons /?
www.courtlistener.com/docket/70522...
The ruling is a very significant one for a few reasons /?
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
MEMORANDUM-DECISION AND ORDER granting 11 Motion to Dismiss for Failure to State a Claim: The Court hereby ORDERS that Defendants' motion to dismiss (Dkt. No. 11) is GRANTED; and the Court further ORD...
www.courtlistener.com
November 18, 2025 at 3:58 PM
Last night a federal judge rejected the Trump Administration's challenge to NY's Protect Our Courts Act, a law prohibiting ICE officers from making immigration arrests in NY's courthouses.
The ruling is a very significant one for a few reasons /?
www.courtlistener.com/docket/70522...
The ruling is a very significant one for a few reasons /?
www.courtlistener.com/docket/70522...
A carefully written opinion by Judge D'Agostino, but one key takeaway is this: States *can* put constraints on how ICE operates
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 1:53 PM
A carefully written opinion by Judge D'Agostino, but one key takeaway is this: States *can* put constraints on how ICE operates
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...
Reposted by Douglas Keith
ATTORNEYS: Do you like state courts, appellate litigation, and… winning sometimes? The ACLU’s State Supreme Court Initiative is hiring for a 2-year attorney position!
Apply here: www.aclu.org/careers/appl...
Apply here: www.aclu.org/careers/appl...
Careers at ACLU
Join our team! We’re looking for committed, passionate people for open roles at the ACLU.
www.aclu.org
November 5, 2025 at 2:40 PM
ATTORNEYS: Do you like state courts, appellate litigation, and… winning sometimes? The ACLU’s State Supreme Court Initiative is hiring for a 2-year attorney position!
Apply here: www.aclu.org/careers/appl...
Apply here: www.aclu.org/careers/appl...
Reposted by Douglas Keith
News: Three Pennsylvania Supreme Court justices first elected as Democrats have won new terms in a race marked by millions of interest group spending and increased polarization of what were previously pro forma affairs.
November 5, 2025 at 3:08 AM
News: Three Pennsylvania Supreme Court justices first elected as Democrats have won new terms in a race marked by millions of interest group spending and increased polarization of what were previously pro forma affairs.
Reposted by Douglas Keith
Happy election day 🗳️ to my state-side friends! And while you're in line for the polls (or relaxing on your couch because you voted early!), check out my latest case trends piece on some recent cases in the states that are shaping election processes and the constitutional right to vote 👇👇👇
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.
Case Trends: State Courts Shape the Right to Vote
State high courts continue to settle disputes over voting and election processes, including obstacles to by-mail voting — and to define the right to vote under their own constitutions.
statecourtreport.org
November 4, 2025 at 9:43 PM
Happy election day 🗳️ to my state-side friends! And while you're in line for the polls (or relaxing on your couch because you voted early!), check out my latest case trends piece on some recent cases in the states that are shaping election processes and the constitutional right to vote 👇👇👇
Impressive to see Illinois pass a law very similar to New York's Protect Our Courts Act, which the Administration is currently challenging on Supremacy Clause grounds
apnews.com/article/immi...
apnews.com/article/immi...
Illinois lawmakers approve ban on immigration arrests near courthouses
Illinois lawmakers have approved legislation prohibiting immigration arrests near courthouses. The measure adopted Friday also allows lawsuits by people who believe their constitutional rights were vi...
apnews.com
November 4, 2025 at 9:03 PM
Impressive to see Illinois pass a law very similar to New York's Protect Our Courts Act, which the Administration is currently challenging on Supremacy Clause grounds
apnews.com/article/immi...
apnews.com/article/immi...
This update puts my total spending estimate around $20.5 million - the most expensive state supreme court retention election in decades and possibly ever.
Overwhelming majority of that money is pro-retention
Overwhelming majority of that money is pro-retention
Update: Independent expenditures on retention are now at $8.6 million and counting, per the DoS system. The newest addition is approximately $3 million in spending by Commonwealth Partners, the Yass-linked dark money group, on TV, mail, digital and texting opposing the justices.
Update: Reported IE spending jumped to $5 million overnight because Citizens for Term Limits is now in the system. It's first and only report so far is for $1.8 million in TV, digital, mail and text advertising against retention dated to 9/16/25 from Matt Brouillette.
November 3, 2025 at 2:55 PM
This update puts my total spending estimate around $20.5 million - the most expensive state supreme court retention election in decades and possibly ever.
Overwhelming majority of that money is pro-retention
Overwhelming majority of that money is pro-retention
In a week we’ll know whether voters gave three Pennsylvania Supreme Court justices another term on the court – but the spending in the race already tells us a lot about the politics of state courts today 1/
October 30, 2025 at 4:11 PM
In a week we’ll know whether voters gave three Pennsylvania Supreme Court justices another term on the court – but the spending in the race already tells us a lot about the politics of state courts today 1/
I track spending in state supreme court races, and PA's races are some of the hardest to track in the country. Thanks to @spotlightpa.org for explaining why.
Despite weeks of ads on Pennsylvania's Supreme Court retention elections, public reports are missing some big political spenders. The culprit? The state's loophole ridden system for reporting independent political spending.
www.spotlightpa.org/news/2025/10...
www.spotlightpa.org/news/2025/10...
Why PA Supreme Court retention race spending is hard to track
Blame it on a mix of lagging reporting, weakly enforced rules, and a campaign finance system that requires little transparency.
www.spotlightpa.org
October 29, 2025 at 12:46 PM
I track spending in state supreme court races, and PA's races are some of the hardest to track in the country. Thanks to @spotlightpa.org for explaining why.
Reposted by Douglas Keith
Pennsylvania supreme court retention elections are the most expensive retention campaign in decades, but recent spending makes it seem like the Vote No campaign is quietly disengaging.
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
October 27, 2025 at 2:03 PM
Pennsylvania supreme court retention elections are the most expensive retention campaign in decades, but recent spending makes it seem like the Vote No campaign is quietly disengaging.
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
Pennsylvania supreme court retention elections are the most expensive retention campaign in decades, but recent spending makes it seem like the Vote No campaign is quietly disengaging.
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
October 27, 2025 at 2:03 PM
Pennsylvania supreme court retention elections are the most expensive retention campaign in decades, but recent spending makes it seem like the Vote No campaign is quietly disengaging.
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
Reposted by Douglas Keith
Super-important point: The president has no constitutional authority over federal election administration. It’s state & local governments that primarily set rules for how elections are run. Learn more in this @statecourtreport.org explainer. statecourtreport.org/our-work/ana...
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
statecourtreport.org
October 21, 2025 at 2:21 PM
Super-important point: The president has no constitutional authority over federal election administration. It’s state & local governments that primarily set rules for how elections are run. Learn more in this @statecourtreport.org explainer. statecourtreport.org/our-work/ana...
Reposted by Douglas Keith
The Power of State Constitutional Rights will explore rights projected by state constitutions, amendments, and emerging issues within them.
The two-day symposium will be held Nov. 6-7, presented by @brennancenter.org & @statecourtreport.org.
Register: www.brennancenter.org/events/power...
The two-day symposium will be held Nov. 6-7, presented by @brennancenter.org & @statecourtreport.org.
Register: www.brennancenter.org/events/power...
October 20, 2025 at 9:14 PM
The Power of State Constitutional Rights will explore rights projected by state constitutions, amendments, and emerging issues within them.
The two-day symposium will be held Nov. 6-7, presented by @brennancenter.org & @statecourtreport.org.
Register: www.brennancenter.org/events/power...
The two-day symposium will be held Nov. 6-7, presented by @brennancenter.org & @statecourtreport.org.
Register: www.brennancenter.org/events/power...
Reposted by Douglas Keith
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
October 14, 2025 at 6:53 PM
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
Reposted by Douglas Keith
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! 🤸🎉📚
voting
repro
economic
LGBTQ+
against cruel/unusual punishment
Plus sessions on federalism, barriers to rights vindication, and constitutional amendments.
SEE YOU THERE! 🤸🎉📚
SAVE THE DATE: Nov. 6-7, we're hosting a symposium with @brennancenter.org and Northwestern University Law Review exploring the future of state constitutional rights. Virtual and in-person registration options are available, and IL CLE credit is pending for in-person participants. Register today:
The Power of State Constitutional Rights
Judges, practitioners, and scholars explore critical issues facing state courts and constitutions.
brennan.swoogo.com
October 8, 2025 at 5:19 PM
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! 🤸🎉📚
voting
repro
economic
LGBTQ+
against cruel/unusual punishment
Plus sessions on federalism, barriers to rights vindication, and constitutional amendments.
SEE YOU THERE! 🤸🎉📚
Reposted by Douglas Keith
There aren't many people in the country who know more about judicial elections than @douglaskeith.bsky.social @brennancenter.org. Read his analysis of the upcoming Pennsylvania Supreme Court election in @statecourtreport.org. statecourtreport.org/our-work/ana...
Everything You Need to Know About Next Month’s High-Stakes Supreme Court Elections in Pennsylvania
Three justices will face an up or down vote in November, the outcome of which is likely to impact the midterms.
statecourtreport.org
October 6, 2025 at 6:07 PM
There aren't many people in the country who know more about judicial elections than @douglaskeith.bsky.social @brennancenter.org. Read his analysis of the upcoming Pennsylvania Supreme Court election in @statecourtreport.org. statecourtreport.org/our-work/ana...
The Pennsylvania Supreme Court's jurisprudence is... complicated! But with nearly half the court up for retention election next month, the money is still pouring in. More @statecourtreport.org: statecourtreport.org/our-work/ana...
Everything You Need to Know About Next Month’s High-Stakes Supreme Court Elections in Pennsylvania
Three justices will face an up or down vote in November, the outcome of which is likely to impact the midterms.
statecourtreport.org
October 6, 2025 at 2:55 PM
The Pennsylvania Supreme Court's jurisprudence is... complicated! But with nearly half the court up for retention election next month, the money is still pouring in. More @statecourtreport.org: statecourtreport.org/our-work/ana...
Reposted by Douglas Keith
I hope you can join us at The Power of State Constitutional Rights, a symposium on Nov 6-7 in Chicago, organized by @brennancenter.org & Northwestern Law Review. We'll be hearing from judges, scholars and practitioners about the future of state con law. RSVP below! brennan.swoogo.com/stateconstit...
The Power of State Constitutional Rights
Judges, practitioners, and scholars explore critical issues facing state courts and constitutions.
brennan.swoogo.com
September 18, 2025 at 7:13 PM
I hope you can join us at The Power of State Constitutional Rights, a symposium on Nov 6-7 in Chicago, organized by @brennancenter.org & Northwestern Law Review. We'll be hearing from judges, scholars and practitioners about the future of state con law. RSVP below! brennan.swoogo.com/stateconstit...
Reposted by Douglas Keith
As manager of @statecourtreport.org's case database at the @brennancenter.org, I'm rolling out a series discussing trends we're seeing in our database cases. Read the first of the series here, and find out what state courts are saying in response to challenges to Covid-19 era government policies 👇👇
Case Trends: State Courts Continue to Grapple with Covid-19 Policies
Courts are still weighing the constitutionality of state responses to the pandemic more than five years after its start.
statecourtreport.org
September 10, 2025 at 3:19 PM
As manager of @statecourtreport.org's case database at the @brennancenter.org, I'm rolling out a series discussing trends we're seeing in our database cases. Read the first of the series here, and find out what state courts are saying in response to challenges to Covid-19 era government policies 👇👇
The Trump Administration sued New York challenging a state law prohibiting immigration arrests at state courts. Today eight former New York judges, including the former Chief Judge and Chief Administrative Judge, filed an amicus brief defending the law
www.brennancenter.org/our-work/cou...
www.brennancenter.org/our-work/cou...
United States v. State of New York
The Brennan Center, along with co-counsel Levine Lee, filed an amicus brief on behalf of former New York judges and justices in defense of New York’s Protect Our Courts Act. The brief argues that allo...
www.brennancenter.org
August 11, 2025 at 7:10 PM
The Trump Administration sued New York challenging a state law prohibiting immigration arrests at state courts. Today eight former New York judges, including the former Chief Judge and Chief Administrative Judge, filed an amicus brief defending the law
www.brennancenter.org/our-work/cou...
www.brennancenter.org/our-work/cou...
Reposted by Douglas Keith
EDUCATORS: Help us bring an expert panel of "state constitution superusers" to SXSU EDU 2026 to demonstrate how dynamic learning about state constitutions can be! Head to the @sxswedu.com Panel Picker and vote for “How State Constitutions Empower and Protect Youth" before August 24.
PanelPicker | SXSW Conference & Festivals
PanelPicker® is the official SXSW user-generated session proposal platform. Enter ideas and vote to help shape Conference programming for SXSW and SXSW EDU.
participate.sxsw.com
August 7, 2025 at 10:14 PM
EDUCATORS: Help us bring an expert panel of "state constitution superusers" to SXSU EDU 2026 to demonstrate how dynamic learning about state constitutions can be! Head to the @sxswedu.com Panel Picker and vote for “How State Constitutions Empower and Protect Youth" before August 24.