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
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.
Reposted by State Court Report
Form linked here:
Petition for Proposed AALS Section on State Constitutional Law
To submit a proposal to the AALS to charter a new section, we must receive support from 50 full-time faculty members or professional staff from at least 25 member schools. The proposed bylaws are link...
docs.google.com
December 1, 2025 at 3:20 PM
Form linked here:
Reposted by State Court Report
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: ⬇️
NEW: What can citizens of gerrymandered states do when their representatives ignore the people's will? Stephen McAllister compares KS and MO's very different approaches to direct democracy to highlight the importance of the citizen-driven 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 3, 2025 at 9:12 PM
NEW: What can citizens of gerrymandered states do when their representatives ignore the people's will? Stephen McAllister compares KS and MO's very different approaches to direct democracy to highlight the importance of the citizen-driven initiative process in countering resistant legislatures.
NEW: Check out @skess108.bsky.social & @erings.bsky.social's December state court oral argument preview. Issues on the dockets include taxpayers’ standing to sue, incarcerated people’s rights to acquire property, and claims Instagram’s design is addictive.
State Court Oral Arguments to Watch for in December
Issues on the dockets include taxpayers’ standing to sue, incarcerated people’s rights to acquire property, and claims Instagram’s design is addictive.
statecourtreport.org
December 2, 2025 at 10:21 PM
NEW: Check out @skess108.bsky.social & @erings.bsky.social's December state court oral argument preview. Issues on the dockets include taxpayers’ standing to sue, incarcerated people’s rights to acquire property, and claims Instagram’s design is addictive.
Reposted by State Court Report
Eric Foner, "What the Fugitive Slave Act Teaches Us About How States Can Resist Oppressive Federal Power," The Nation -- February 27, 2017
www.thenation.com/article/arch...
www.thenation.com/article/arch...
What the Fugitive Slave Act Teaches Us About How States Can Resist Oppressive Federal Power
The actions of attorneys general in California and other states have their antecedents in the fight against that draconian law.
www.thenation.com
December 2, 2025 at 2:17 AM
Eric Foner, "What the Fugitive Slave Act Teaches Us About How States Can Resist Oppressive Federal Power," The Nation -- February 27, 2017
www.thenation.com/article/arch...
www.thenation.com/article/arch...
Reposted by State Court Report
Reminds me of northern states throwing sand in the gears of the Fugitive Slave Law.
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.
December 2, 2025 at 2:03 AM
Reminds me of northern states throwing sand in the gears of the Fugitive Slave Law.
45 years ago, the NJ high court’s Schmid ruling cemented the state’s constitutional free speech protections as stronger than the First Amendment’s. The court’s break from federal lockstep shaped speech rights far beyond NJ, with multiple states (and a foreign country) drawing from its precedent.
The Landmark Case That Extended Speech Rights on Private Property
In 1980, the New Jersey Supreme Court ruled that Princeton University could not exclude members of the public from distributing political materials on campus.
statecourtreport.org
December 2, 2025 at 6:22 PM
45 years ago, the NJ high court’s Schmid ruling cemented the state’s constitutional free speech protections as stronger than the First Amendment’s. The court’s break from federal lockstep shaped speech rights far beyond NJ, with multiple states (and a foreign country) drawing from its precedent.
Predictably, lack of clarity around medical exceptions to strict abortion bans continues to have deadly consequences for those experiencing serious health complications while pregnant.
December 1, 2025 at 4:09 PM
Predictably, lack of clarity around medical exceptions to strict abortion bans continues to have deadly consequences for those experiencing serious health complications while pregnant.
What obligations do states have to their American Indian citizens, and how might state constitutions be enlisted to protect American Indians’ interests? Take some time this Native American Heritage Day to learn about state constitutional provisions addressing Indigenous rights.
American Indians and Indigenous Peoples in State Constitutions
In the shadow of federal law, some state constitutions address American Indian land, taxation, gaming permissions, voting rights, cultural protection, and governance.
statecourtreport.org
November 28, 2025 at 9:21 PM
What obligations do states have to their American Indian citizens, and how might state constitutions be enlisted to protect American Indians’ interests? Take some time this Native American Heritage Day to learn about state constitutional provisions addressing Indigenous rights.
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.
There are 574 federally recognized American Indian tribes in the US, each with their own unique legal system. This Native American Heritage Day, check out our explainer on the tribal courts, law, and constitutions that balance sovereignty with federal law.
Tribal Courts and Constitutions of American Indian Tribes
Tribal courts and constitutions shape governance for American Indian tribes, balancing sovereignty with federal law in their unique legal systems.
statecourtreport.org
November 28, 2025 at 2:15 PM
There are 574 federally recognized American Indian tribes in the US, each with their own unique legal system. This Native American Heritage Day, check out our explainer on the tribal courts, law, and constitutions that balance sovereignty with federal law.
Representation on the bench builds trust, improves decision-making, and strengthens democracy. America's courts should be as diverse as our population.
November 27, 2025 at 6:15 PM
Representation on the bench builds trust, improves decision-making, and strengthens democracy. America's courts should be as diverse as our population.
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.
NEW: 45 years ago today, the NJ Supreme Court issued a landmark free speech ruling that cemented the state's constitution as more protective of expressional rights than the First Amendment. @plawpu.bsky.social's Henry Hsiao reflects on the enduring legacy of State v. Schmid.
The Landmark Case That Extended Speech Rights on Private Property
In 1980, the New Jersey Supreme Court ruled that Princeton University could not exclude members of the public from distributing political materials on campus.
statecourtreport.org
November 25, 2025 at 7:30 PM
NEW: 45 years ago today, the NJ Supreme Court issued a landmark free speech ruling that cemented the state's constitution as more protective of expressional rights than the First Amendment. @plawpu.bsky.social's Henry Hsiao reflects on the enduring legacy of State v. Schmid.
NEW: Are laws that allow survivors of sexual abuse to sue after the statute of limitations has expired constitutional? Different states have applied different tests to interpret different constitutional provisions with different results, showcasing judicial federalism in action.
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
November 24, 2025 at 8:09 PM
NEW: Are laws that allow survivors of sexual abuse to sue after the statute of limitations has expired constitutional? Different states have applied different tests to interpret different constitutional provisions with different results, showcasing judicial federalism in action.