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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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State Court Oral Arguments to Watch for in November
Issues on the dockets include indigent defense crises in multiple states, what’s been called a “de facto repeal” of citizens’ initiative power, and a voter-approved ban on large-capacity magazines.
Resistance to Public Policies Assisting the Poor
Property owners have challenged programs meant to assist vulnerable populations, alleging they are unconstitutional takings of private property for public use.
The U.S. Supreme Court’s Decision on Trans Healthcare Is Rippling Through State Courts
A North Dakota case upholding a ban on gender-affirming care for trans kids should trouble people who care about the dignity of trans people.
The Maryland Constitution: One of the Nation’s Oldest, Was a Model for Other States
The state’s current constitution was adopted during the Reconstruction Era as a reactionary effort to re-establish pre-Civil War government.
State Judges Target the U.S. Supreme Court
A justice in Washington concurred in a recent opinion but dissented “from the racism embedded in the federal case law that applies to this dispute.”
2025 Ballot Measures to Watch
Voters will decide whether to amend their state constitutions or statutes regarding redistricting, voting, firearm access, parental rights, taxes, and more.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Resuscitating State Damages Remedies Against Federal Officials
There are forceful legal arguments that individuals can use state civil rights statutes to sue federal employees who violate the U.S. Constitution.