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Reposted by Kasia Szymborski Wolfkot

State Court Report @statecourtreport.org · Aug 28

It's that time of year again ✏️📚 Get ready for the new semester with
@miriamseifter.bsky.social 's Back-to-School state con law scholarship roundup.

Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism

Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.

statecourtreport.org

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Reposted by Kasia Szymborski Wolfkot

State Court Report @statecourtreport.org · Aug 18

Less than a week left (!!!) to vote for our panel "How State Constitutions Empower and Protect Youth" to be included in @sxswedu.com 2026. Head to the #SXSWEDU #PanelPicker and click the heart 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

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Alicia Bannon @aliciabannon.bsky.social · Aug 15

Only half of all Americans know their state has a constitution. You can help us change that! Please click on the link below to vote for our proposed SXSW EDU panel, How State Constitutions Empower and Protect Youth.

State Court Report @statecourtreport.org · Aug 15

Help bring State Court Report to @sxswedu.com. Vote for our panel, "How State Constitutions Empower and Protect Youth," featuring @lwvus.bsky.social CEO Celina Stewart, @aclu.org's Harper Seldin, and @youthvgov.bsky.social's Julia Olson. Click the link to vote: bit.ly/47pILS1.

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State Court Report @statecourtreport.org · Aug 13

NEW: SCOTUS's controversial invocation of originalism has sparked a lively debate among justices about interpreting state court cases using "history and tradition." @cisozaki.bsky.social & Maryjane Johnson review recent critiques of originalism and alternative interpretive methods to consider.

State Justices Continue to Challenge Originalism

A lively debate about the value of “history and tradition” in analyzing cases is ongoing in state courts. Some justices are pushing for alternative interpretative methodologies.

statecourtreport.org

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Erin Geiger Smith @erings.bsky.social · Aug 12

Have you voted yet for our @statecourtreport.org SXSW EDU (proposed) panel? We've lined up an all-star group: @lwvus.bsky.social CEO Celina Stewart, @aclu.org's Harper Seldin, and @youthvgov.bsky.social's Julia Olson. But we need your vote! THANK YOU FOR VOTING! participate.sxsw.com/flow/sxsw/sx...

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

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Alicia Bannon @aliciabannon.bsky.social · Aug 8

You can help State Court Report make it to South by Southwest EDU! Please vote below on a great panel.

State Court Report @statecourtreport.org · Aug 7

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

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Reposted by Kasia Szymborski Wolfkot

State Court Report @statecourtreport.org · Aug 7

With scant federal protections for those incarcerated in extreme heat, state constitutions could offer this particularly vulnerable population more relief.

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State Court Report @statecourtreport.org · Aug 5

NEW: Justices in Connecticut, Texas, and Pennsylvania have called on their courts to embrace independent state constitutional interpretations. @aliciabannon.bsky.social discusses recent state judicial opinions that critique lockstepping.

Recent State Judicial Opinions Critique Lockstepping

Justices in Connecticut, Texas, and Pennsylvania have called on their courts to embrace independent state constitutional interpretations.

statecourtreport.org

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Reposted by Kasia Szymborski Wolfkot

Alicia Bannon @aliciabannon.bsky.social · Aug 4

ICYMI: Hot weather leaves people behind bars particularly vulnerable. Ava Kaufman, @kasiawolfkot.bsky.social & @briannaseid.bsky.social wrote in @statecourtreport.org about limited federal protections & how state constitutions could offer a more promising answer. statecourtreport.org/our-work/ana...

Extreme Heat Exacerbates Dire Prison Conditions, With Few Paths to Relief

People behind bars are particularly vulnerable to harm during heat waves and climate-related disasters. Advocates should consider state constitutional solutions.

statecourtreport.org

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Reposted by Kasia Szymborski Wolfkot

Marcelius Braxton @marceliusb.bsky.social · Jul 23

Why did I write about state court pushback to the Dred Scott decision? Because President Trump’s January 2025 Executive Order directly cited the Dred Scott decision when he took aim at birthright citizenship. And we could see state courts pushback against the Supreme Court again. I'll explain. /1

State Court Report @statecourtreport.org · Jul 23

NEW: Many of SCOTUS's recent rulings have been criticized for their apparent bias and politicization. @marceliusb.bsky.social dives into the history of state court pushback against the 1857 Dred Scott ruling denying Black Americans citizenship to show how SCOTUS doesn't always have the final say.

How State Courts Pushed Back on an Infamous U.S. Supreme Court Case

Dred Scott, widely considered a stain on the U.S. Supreme Court’s history, denied citizenship to Black Americans in 1857. Many state supreme courts refused to follow it.

statecourtreport.org

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State Court Report @statecourtreport.org · Jul 22

A debate’s been brewing at the federal level over whether a judge in a single county can issue a statewide injunction, and it’s coming to state courts. Constance Van Kley explores how state courts can and should respond when it does.

Universal Injunctions in State Courts

Debates over whether a judge in a single county can issue a statewide injunction are brewing. States should not follow the U.S. Supreme Court’s approach.

statecourtreport.org

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Reposted by Kasia Szymborski Wolfkot

State Court Report @statecourtreport.org · Jul 21

More people have been executed in 2025 than in any year of the past decade. @kasiawolfkot.bsky.social explains how some states are strengthening protections against the death penalty. Stay informed on the latest developments in state courts and constitutions: go.statecourtreport.org/subscribe

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Kasia Szymborski Wolfkot @kasiawolfkot.bsky.social · Jul 18

If your Friday is going too well, here's an article I wrote about executions surging and states killing people in increasingly gruesome ways.

There have also been instances of likely innocent people being executed—over prosecutors' or lawmakers' objections. @statecourtreport.org @slate.com

Why 2025 Has Been the Year of the Execution

Some states, though, are strengthening protections against the death penalty.

slate.com

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Reposted by Kasia Szymborski Wolfkot

State Court Report @statecourtreport.org · Jul 15

NEW: Despite support for the death penalty declining, there have been more executions in 2025 than any year in the past decade, "and states are...killing people in ever more gruesome ways..." @kasiawolfkot.bsky.social spoke with attorney John Mills about his anti-death-penalty advocacy.

As Executions Rise, A Conversation with an Attorney Whose Clients Are Facing the Death Penalty

John Mills, whose client on Oklahoma’s death row was granted a new trial by the U.S. Supreme Court this term, discusses his anti-death-penalty advocacy.

statecourtreport.org

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State Court Report @statecourtreport.org · Jul 6

Hawaii is suing oil companies by invoking the state constitution's "public trust doctrine," which declares that “all public natural resources are held in trust by the State for the benefit of the people." Sarah J. Morath explores this new trend in environmental litigation.

Hawaii’s Lawsuit Against Oil Companies Alleges “Harm to Public Trust Resources”

States are suing companies that cause harm to the environment, relying on mandates requiring protection of public resources.

statecourtreport.org

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Leah Litman @leahlitman.bsky.social · Jul 2

An absolutely remarkable concurrence by Chief Justice Karofsky in the WI Supreme Court case that held the state's total abortion ban is not in effect.

CJ Karofsky recounts the stories of women, including her great-grandmother, who died bc of abortion restrictions. www.wicourts.gov/sc/opinion/D...

These women should all still be alive. Their deaths were not
only preventable, they were foretold by the stories of other women from a
century ago. One of those stories involved my own great-grandmother,
Julia Cowan, who met the same fate in 1929. Living in Boston, Julia, a
White woman, became pregnant with what would have been her fourth
child. Desiring to end the pregnancy but having no access to the medical
care necessary for an abortion, she took matters into her own hands and
ultimately bled to death in a Boston hospital. Like so many others, she
died because society did not recognize her as someone with the “dignity
and authority to make these choices.”

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Reposted by Kasia Szymborski Wolfkot

Joyce White Vance @joycewhitevance.bsky.social · Jul 1

I know you have a lot of options for hearing a wrap up of this term of Court, but let me suggest that this one is going to be a banger! I hope you'll join us.

Brennan Center @brennancenter.org · Jun 30

How will the Supreme Court’s rulings this term impact the future of democracy?

Join @joycewhitevance.bsky.social, @aclu.org legal director Cecillia Wang, @kimwehle.bsky.social, and @aliciabannon.bsky.social virtually on Wed., July 9, at 3pm E.T. RSVP:

Supreme Court Term in Review

Join legal experts for a look at this year’s major decisions.

www.brennancenter.org

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Kasia Szymborski Wolfkot @kasiawolfkot.bsky.social · Jun 26

Obergefell v. Hodges came down 10 years ago today, making marriage equality the law of the land.

Human rights lawyer Jordan Long wrote a beautiful article commemorating the anniversary for @statecourtreport.bsky.social and @brennancenter.org.

The History of Same-Sex Marriage in the United States, and What Might Come Next

Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.

statecourtreport.org

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Kasia Szymborski Wolfkot @kasiawolfkot.bsky.social · Jun 26

OH GREAT. Thomas calling for a reexamination of Section 1983 jurisprudence—the main way people whose civil rights have been violated by state actors sue.

He also urged the Court to revisit abortion rights, Chevron deference, and affirmative action law. And look what happened to those.

Melissa Murray @profmmurray.bsky.social · Jun 26

And, predictably, in Medina, Justice Thomas isn't content to axe Planned Parenthood from Medicaid.

He would go further ... "to reexamine more broadly this Court’s §1983 jurisprudence . . . ."

This is an invitation to undermine a major foundation of civil rights litigation.

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Kasia Szymborski Wolfkot @kasiawolfkot.bsky.social · Jun 26

Yes. @ddangaran.bsky.social made this same point in @statecourtreport.bsky.social: Skrmetti opens the door to bans on health care for trans adults, not just kids.

Screenshot from State Court Report website that reads:

Are the effects of the ruling limited to trans youth?

No. That’s a really important thing to realize. Because gender dysphoria is a permissible classification for denying care, that extends to health care for adults, too.

This gives states a green light to either ban insurance coverage for gender dysphoria or totally ban the provision of care for gender dysphoria, even for adults. There are some states that have already started to do that. Alabama and Nebraska have passed laws that say people 19 years old and under cannot receive certain forms of gender-affirming care. It’s going to be much harder post-Skrmetti to challenge any bans on medical care for those with gender dysphoria.

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Reposted by Kasia Szymborski Wolfkot

State Court Report @statecourtreport.org · Jun 25

NEW: What’s next in the struggle for equal rights in the aftermath of SCOTUS’s decision upholding a ban on gender-affirming care for trans youth? @kasiawolfkot.bsky.social spoke with trans rights advocate @ddangaran.bsky.social about the impact of U.S. v. Skrmetti on trans people.

Reflections on the Supreme Court’s Decision Upholding a Ban on Gender-Affirming Care for Trans Youth

We spoke with a transgender rights advocate about U.S. v. Skrmetti’s impact on trans people and what’s next in the struggle for equal rights.

statecourtreport.org

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Alicia Bannon @aliciabannon.bsky.social · Jun 25

Looking to understand what happened in SCOTUS this year? Thrilled to moderate this event with some of the top legal thinkers (and doers!) in the country.

Brennan Center @brennancenter.org · Jun 25

Join us on Wed., July 9, at 3pm ET for a discussion of the Supreme Court’s decisions this term and their implications for democracy. Experts include @joycewhitevance.bsky.social, @aclu.org Legal Director Cecillia Wang, @kimwehle.bsky.social, and @aliciabannon.bsky.social. RSVP:

Supreme Court Term in Review

Join legal experts for a look at this year’s major decisions.

www.brennancenter.org

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Reposted by Kasia Szymborski Wolfkot

Ilya Somin @ilyasomin.bsky.social · Jun 23

Today is 20th anniversary of Supreme Court's notorious ruling in Kelo v. New London, upholding taking of property for private "economic development." In new @brennancenter.org article, I assess massive state response to Kelo - much progress, but not enough: statecourtreport.org/our-work/ana...

Assessing the State Reaction to the Supreme Court’s Undermining of Property Rights

Twenty years after Kelo v. City of New London, there has been much progress, but abusive takings continue in many states.

statecourtreport.org

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Alicia Bannon @aliciabannon.bsky.social · Jun 20

I was glad to have the chance to discuss a dangerous measure in the budget bill that would create huge financial barriers for plaintiffs seeking to protect their rights.

Brennan Center @brennancenter.org · Jun 20

Language in the budget bill being considered by Congress could, if it becomes law, mean that “it will be financially impossible for ordinary Americans to go to court to protect their rights,” @aliciabannon.bsky.social told @sfchronicle.com.

Experts decry new language in tax-cut bill, say only billionaires could challenge U.S. government

House bill would have let Trump ignore existing court orders; new language requires bond that would pay for the government’s “costs and damages” in complying with injunctions.

www.sfchronicle.com

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State Court Report @statecourtreport.org · Jun 18

Today in Skrmetti, SCOTUS said bans on gender-affirming care for trans minors didn’t violate the Equal Protection Clause. But as our managing editor @kasiawolfkot.bsky.social explains, state courts can interpret state constitutions differently.

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