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Civil Rights
State constitutions guarantee equality, freedom from discrimination, fair treatment under the law, and a broad range of other civil rights. Issues that regularly crop up in state court include discrimination on the basis of race, ethnicity, national origin, sex, sexual orientation or identity, age, or disability, abuses of power by government actors, as well as the availability of monetary damages for such state constitutional violations.
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The Maine Constitution: Like the State’s Population, Stubbornly Itself
The pragmatic 1820 document is one of the oldest still in use.
Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws
During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.
Ohio Municipalities Win Expanded Procedural Rights in Firearms Case
The state supreme court held that cities may immediately appeal orders enjoining their ordinances.
Habeas and Happy the Elephant
A Bronx Zoo elephant that died last week was made famous in litigation over whether habeas corpus can be used to challenge the confinement of nonhuman animals.
State Court Oral Arguments to Watch for in June
Issues on the dockets include crossover voting, a gun ban for young adults, transgender prisoners, and court reporter shortages.
The South Dakota Constitution: “Under God the People Rule” — But All the People?
A long history of Indigenous exclusion has undermined the state’s democratic ideals.
The Supervisory Power of State Supreme Courts, Explained
High courts’ authority to make rules on topics both mundane and profound can have substantial implications for civil rights and liberties.
Why Territorial Courts Matter to American Law
The courts of five inhabited U.S. territories regularly confront constitutional questions in ways that are uniquely territorial while deeply connected to broader American constitutional debates.