State Court Report
@statecourtreport.org
State Court Report is a nonpartisan news source, resource, and commentary hub covering state constitutional developments in high courts across the 50 states. Visit StateCourtReport.org.
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State Court Report
@statecourtreport.org
· Nov 15
State Court Report
Cases, courts, and constitutions across the 50 states.
statecourtreport.org
Hello and welcome to State Court Report, a project of @brennancenter.bsky.social! We’re a nonpartisan news source and commentary hub covering state constitutions and state supreme courts. Plus, we have an amazing database of state court cases. statecourtreport.org
Wanna know what your state supreme court has been up to? Check out our State Case Database, where researchers, journalists, and the public can find court decisions and briefs related to more than 700 cases advancing state constitutional law across the US. Learn how to use it here:
December 12, 2025 at 8:36 PM
Wanna know what your state supreme court has been up to? Check out our State Case Database, where researchers, journalists, and the public can find court decisions and briefs related to more than 700 cases advancing state constitutional law across the US. Learn how to use it here:
Reposted by State Court Report
Great to see @law360.bsky.social reporting on this trend of state appellate courts rejecting regressive SCOTUS law and actually expanding rights against extreme criminal punishments (w/ quotes from me & @kasiawolfkot.bsky.social of @statecourtreport.org): www.law360.com/articles/242...
December 12, 2025 at 6:13 PM
Great to see @law360.bsky.social reporting on this trend of state appellate courts rejecting regressive SCOTUS law and actually expanding rights against extreme criminal punishments (w/ quotes from me & @kasiawolfkot.bsky.social of @statecourtreport.org): www.law360.com/articles/242...
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.
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 State Court Report
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...
What can citizens of gerrymandered states do when their representatives ignore the people's will? Comparing Kansas and Missouri's very different approaches to direct democracy highlights the importance of the citizen-driven ballot initiative process in countering resistant legislatures.
Differences in Kansas and Missouri Show Importance of Initiative Process
Unlike Kansans, Missouri voters can use ballot initiatives to enact laws and amendments their lawmakers refuse to pass.
statecourtreport.org
December 11, 2025 at 1:47 PM
What can citizens of gerrymandered states do when their representatives ignore the people's will? Comparing Kansas and Missouri's very different approaches to direct democracy highlights the importance of the citizen-driven ballot initiative process in countering resistant legislatures.
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.
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:
December 10, 2025 at 8:00 PM
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:
Reposted by State Court Report
Breaking News: Gov. JB Pritzker of Illinois signed a bill that restricts immigration enforcement near state courthouses and makes it easier to sue ICE agents.
Illinois Governor Signs Bill Imposing New Limits on Immigration Enforcement
The measure restricts immigration arrests around state courthouses. Republicans have criticized the law and suggested it would face legal challenges.
nyti.ms
December 9, 2025 at 4:36 PM
Breaking News: Gov. JB Pritzker of Illinois signed a bill that restricts immigration enforcement near state courthouses and makes it easier to sue ICE agents.
Reposted by State Court Report
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...
NEW: Aside from deciding the 2000 presidential election, Bush v. Gore quietly planted a dangerous legal seed that could have wrecked elections two decades later. @brennancenter.org's Eliza Sweren-Becker breaks down the history of the "independent state legislature theory."
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 9, 2025 at 5:27 PM
NEW: Aside from deciding the 2000 presidential election, Bush v. Gore quietly planted a dangerous legal seed that could have wrecked elections two decades later. @brennancenter.org's Eliza Sweren-Becker breaks down the history of the "independent state legislature theory."
NEW: A majority of the North Dakota Supreme Court said the state's abortion ban was unconstitutional, but ND's rule requiring a 4-vote supermajority to strike down a law resulted in the originalist minority's view winning out. @uclarepropolicy.bsky.social's Diana Kasdan and Amanda Barrow explain:
How Originalism Revived an Abortion Ban a Majority of the North Dakota Supreme Court Held Unconstitutional
Although three of the five justices on the court concluded the ban violated state due process rights, a state rule requiring a supermajority to strike down a law means the dissenting opinion controls.
statecourtreport.org
December 8, 2025 at 8:45 PM
NEW: A majority of the North Dakota Supreme Court said the state's abortion ban was unconstitutional, but ND's rule requiring a 4-vote supermajority to strike down a law resulted in the originalist minority's view winning out. @uclarepropolicy.bsky.social's Diana Kasdan and Amanda Barrow explain:
NEW: "The lesson of Bush v. Gore was not simply about recounts, deadlines, or judicial interpretation. It was about the fragility of democracy and the obligation of each generation to protect it." Former Florida Supreme Court Justice Barbara J. Pariente reflects on the landmark case 25 years later.
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 8, 2025 at 3:53 PM
NEW: "The lesson of Bush v. Gore was not simply about recounts, deadlines, or judicial interpretation. It was about the fragility of democracy and the obligation of each generation to protect it." Former Florida Supreme Court Justice Barbara J. Pariente reflects on the landmark case 25 years later.
Reposted by State Court Report
Excellent piece by @ijsanders.bsky.social!! Another reason to consult state constitutional law is the presence of provisions such as natural rights clauses and unenumerated rights clauses in certain jurisdictions. It's time to tap that potential!
NEW: Judges and lawyers struggle to distinguish between “fundamental" and "non-fundamental rights," since some courts have said natural rights guarantees protect the former but not usually the latter. But as @ijsanders.bsky.social argues, that paradigm is over. "Most just don't realize it yet."
"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 11:42 PM
Excellent piece by @ijsanders.bsky.social!! Another reason to consult state constitutional law is the presence of provisions such as natural rights clauses and unenumerated rights clauses in certain jurisdictions. It's time to tap that potential!
Reposted by State Court Report
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!
NEW: Judges and lawyers struggle to distinguish between “fundamental" and "non-fundamental rights," since some courts have said natural rights guarantees protect the former but not usually the latter. But as @ijsanders.bsky.social argues, that paradigm is over. "Most just don't realize it yet."
"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 9:11 PM
NEW: Judges and lawyers struggle to distinguish between “fundamental" and "non-fundamental rights," since some courts have said natural rights guarantees protect the former but not usually the latter. But as @ijsanders.bsky.social argues, that paradigm is over. "Most just don't realize it yet."
Reposted by State Court Report
I give very unsolicited advice to progressive lawyers: It’s time to reconsider Lochner & make it your friend. Otherwise you’ll get more loses like this one. The old world of a few special rights getting strict scrutiny while consigning economic rights to the anticanon is over. [ducks] 6/6
December 5, 2025 at 5:47 PM
I give very unsolicited advice to progressive lawyers: It’s time to reconsider Lochner & make it your friend. Otherwise you’ll get more loses like this one. The old world of a few special rights getting strict scrutiny while consigning economic rights to the anticanon is over. [ducks] 6/6
Reposted by State Court Report
I look at a North Dakota case from the tail end of the “Lochner era.” That era wasn’t perfect but it gives lessons on how to engage with the “big” words in many state constitutions, constitutions that scare judges away from taking them seriously. 5/
December 5, 2025 at 5:45 PM
I look at a North Dakota case from the tail end of the “Lochner era.” That era wasn’t perfect but it gives lessons on how to engage with the “big” words in many state constitutions, constitutions that scare judges away from taking them seriously. 5/
Reposted by State Court Report
I (and maybe Robert Nozick) might answer “so what?” But instead I offer a method that doesn’t minimize big words into nothing—what the opinion seems to do. Instead, read them as protecting liberty yet allowing *reasonable*—as in backed by with real reason and facts—regulation. 4/
December 5, 2025 at 5:44 PM
I (and maybe Robert Nozick) might answer “so what?” But instead I offer a method that doesn’t minimize big words into nothing—what the opinion seems to do. Instead, read them as protecting liberty yet allowing *reasonable*—as in backed by with real reason and facts—regulation. 4/
Reposted by State Court Report
An opinion in the case confronted the “big” words in the state constitution like “liberty” and “happiness.” How to interpret those? The opinion said you can’t *actually* apply those words as they would knock-out most of government! 3/
December 5, 2025 at 5:42 PM
An opinion in the case confronted the “big” words in the state constitution like “liberty” and “happiness.” How to interpret those? The opinion said you can’t *actually* apply those words as they would knock-out most of government! 3/
Reposted by State Court Report
The case I focus on is a challenge to an abortion law under North Dakota’s constitution. But my message is much broader than abortion. 2/
December 5, 2025 at 5:41 PM
The case I focus on is a challenge to an abortion law under North Dakota’s constitution. But my message is much broader than abortion. 2/
Reposted by State Court Report
“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 5:39 PM
“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...
Reposted by State Court Report
Advocates from across Florida filled the Capitol today for the Select Committee on Congressional Redistricting. Over 300 people showed up to oppose the mid-cycle redrawing of state district maps. Despite the turnout, the committee did not allow for any public comment.
December 4, 2025 at 10:00 PM
Advocates from across Florida filled the Capitol today for the Select Committee on Congressional Redistricting. Over 300 people showed up to oppose the mid-cycle redrawing of state district maps. Despite the turnout, the committee did not allow for any public comment.
Reposted by State Court Report
“The GOP’s attacks are highlighting the importance of state courts as perhaps the last line of defense for protecting fair elections.”
@billycorriher.bsky.social for @democracydocket.com
www.democracydocket.com/opinion/to-p...
@billycorriher.bsky.social for @democracydocket.com
www.democracydocket.com/opinion/to-p...
To Protect Gerrymanders, GOP Lawmakers Target Judges — and Voters
Read more here.
www.democracydocket.com
December 4, 2025 at 7:56 PM
“The GOP’s attacks are highlighting the importance of state courts as perhaps the last line of defense for protecting fair elections.”
@billycorriher.bsky.social for @democracydocket.com
www.democracydocket.com/opinion/to-p...
@billycorriher.bsky.social for @democracydocket.com
www.democracydocket.com/opinion/to-p...
Are laws that let survivors of sexual abuse sue after the statute of limitation's expiration constitutional? Mixed results across different states attest to the variety of state constitutional interpretation and the merits (or demerits) of judicial federalism.
State High Courts Split on Laws Letting Survivors of Sexual Abuse Sue After Expiration of Statutes of Limitations
State supreme courts have emphasized different constitutional provisions to decide whether bills reviving time-barred civil causes of action for child sexual abuse claims are constitutional.
statecourtreport.org
December 4, 2025 at 7:03 PM
Are laws that let survivors of sexual abuse sue after the statute of limitation's expiration constitutional? Mixed results across different states attest to the variety of state constitutional interpretation and the merits (or demerits) of judicial federalism.