Reposted by Alicia Bannon
Tomorrow!
I'm joining NWLC's Emily Martin, Berkeley's Khiara Bridges, & @brennancenter.bsky.social's @aliciabannon.bsky.social to talk about The Originalism Trap + what the Supreme Court's regressive agenda means for women
Come through (virtually) June 12 at 3pm ET
brennan.swoogo.com/originalism
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Thrilled to see the @newyorker.bsky.social give state constitutions the attention they deserve, in a great piece by
Eyal Press. Can state supreme courts preserve - or expand - rights? Yes they can! www.newyorker.com/magazine/202...
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Read about the latest data on state supreme court diversity in State Court Report, in a new piece by Chihiro Isozaki & Zoe Merriman. They highlight the data gaps & how "what does not get measured cannot be fixed." statecourtreport.org/our-work/ana...
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NEW: Search and seizure rights are one of the places where we've seen the most robust state constitutional development. Prof. Stephen Henderson writes for State Court Report about how Massachusetts has been at the vanguard. statecourtreport.org/our-work/ana...
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NEW: 2024 data on racial, ethnic, gender & professional diversity on state supreme courts, covering 50 states & DC. 18 states have no justices of color. 25 have no women of color. Men hold 57% of seats. There is a lot of work to do.
@brennancenter.bsky.social www.brennancenter.org/our-work/res...
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NEW: State supreme courts are playing an important role in strengthening state constitutional protections against law enforcement abuses. Kasia Wolfkot & Sabrina Alli @brennancenter.bsky.social explain how for State Court Report. statecourtreport.org/our-work/ana...
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I wrote for State Court Report about what state constitutions have to say about campus protests. State First Amendment analogues are textually distinct and a handful of courts have applied them to expand rights. I look at what we might see going forward. statecourtreport.org/our-work/ana...
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NEW: Healthcare freedom amendments passed in the aftermath of the Affordable Care Act are being used to challenge abortion restrictions and limits on gender-affirming care. Julia Livingston analyzes the trend for State Court Report. statecourtreport.org/our-work/ana...
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Shadow dockets aren't only for SCOTUS. Check out @adamsopko.bsky.social's latest piece for State Court Report on the striking lack of transparency in state supreme courts. statecourtreport.org/our-work/ana...
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When a court rules that a plaintiff's state constitutional rights have been violated, in most states they don't have a mechanism to recover attorneys' fees. I wrote for State Court Report about why that's a big hurdle to the development of state con law. statecourtreport.org/our-work/ana...
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NEW: Check out Professor Miriam Seifter's latest scholarship roundup in State Court Report. Recent articles have explored state shadow dockets, constitutional amendments, standing, and much more. statecourtreport.org/our-work/ana...
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I’m excited to share State Court Report’s latest interview, with California Justice Goodwin H. Liu. He spoke with Erin Geiger Smith about the CA constitution, memorable cases, advice for law students, and much more. statecourtreport.org/our-work/ana...
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I wrote for State Court Report about Arizona and how changes in Supreme Court precedent can implicate "zombie" laws - long-unenforced laws that remain on the books. One of many reasons why stare decisis is important. statecourtreport.org/our-work/ana...
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NEW: Last week AZ Republicans blocked a vote to repeal the state's 1864 abortion ban, after the state high court ruled it was enforceable. State Court Report spoke w/ reproductive rights scholar David Cohen about what's next for abortion rights in the state. statecourtreport.org/our-work/ana...
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Oded Oren at Scrutinize writes about using appellate decisions to identify judges who frequently hand down unduly harsh punishments. Read more in #StateCourtReport. statecourtreport.org/our-work/ana...
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NEW: The Wisconsin Supreme Court is hearing a major separation of powers case on Wednesday, addressing the scope of legislative veto power. Derek Clinger from the State Democracy Research Initiative previews Evers v. Marklein for #StateCourtReport. statecourtreport.org/our-work/ana...
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NEW: Emergency powers meet state constitutions. Really enjoyed this new piece by Kevin Frazier on rarely invoked but potentially powerful "continuity-of-government" provisions in state constitutions. statecourtreport.org/our-work/ana...
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NEW: A fascinating new piece on the evolution of state education litigation by Fordham Prof Aaron Saiger. He argues that cases currently winding their way through state courts pose a direct challenge to what we mean by “public education.” #StateCourtReport statecourtreport.org/our-work/ana...
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Excited to share an interview w/ Justice Anita Earls of the NC Supreme Court about judicial decision-making in politicized environments, combatting bias, and more. Read the whole interview at #StateCourtReport. @brennancenter.bsky.social statecourtreport.org/our-work/ana...
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We need to integrate state constitutional law into law school curricula! Katie Eyer explains why - and shares a model syllabus to help profs do just that. New in #StateCourtReport. statecourtreport.org/our-work/ana...
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Should prosecutors be able to use violent song lyrics as evidence that a person has committed a crime? Excited to share a new #StateCourtReport analysis by Bridget Lavender & @segalmr.bsky.social about rap lyrics in criminal trials, including a recent IA case. statecourtreport.org/our-work/ana...
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NEW: Tomorrow Wisconsin voters will consider two proposed constitutional amendments that would add burdens to election administration in the state...just in time for the November election. Learn more in Erin Geiger Smith's #StateCourtReport analysis. statecourtreport.org/our-work/ana...
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Really excited to share a new piece on the state of financial disclosures on state supreme courts, by Gabe Roth at Fix the Court. He did a remarkable study across all 50 states, and writes about it for #StateCourtReport. statecourtreport.org/our-work/ana...
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There have been 2 major abortion rulings under state ERAs in less than 2 months. That's a BIG change in how these potentially powerful provisions have been utilized to date. I wrote for #StateCourtReport about why state ERAs are becoming more significant. statecourtreport.org/our-work/ana...
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I'm excited to share a new #StateCourtReport resource -- a round-up of major state supreme court arguments you should watch for next month. Great work by Erin Geiger Smith & Sarah Kessler. statecourtreport.org/our-work/ana...
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NEW: Last week a judge dismissed certain charges against Trump and his codefendants in the GA election interference case. @anthonymkreis.bsky.social argues in #StateCourtReport that the GA Constitution provides ample bases for establishing more specific charges. statecourtreport.org/our-work/ana...
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Reposted by Alicia Bannon
Random case assignment serves as a bulwark against the undue influence of political agendas on our courts. The Judicial Conference needs to cement this policy in the Federal Rules of Civil Procedure.
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The MA Supreme Court recently issued a really interesting ruling on local tobacco restrictions. Prof Martha Davis argues it could offer a path for more local innovation without running afoul of state preemption principles. New in #StateCourtReport. statecourtreport.org/our-work/ana...
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NEW: Remedies are often the whole ballgame in constitutional litigation. But what's often overlooked is that state constitutions can be sources of different & more robust remedies than federal law. @ijsanders.bsky.social has a great analysis in #StateCourtReport. statecourtreport.org/our-work/ana...
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NEW: Can a statewide office created to combat organized crime prosecute someone accused of voting while ineligible? Profs Quinn Yeargain & Bob Williams preview an upcoming Florida argument addressing this issue, which raises important state constitutional q's. statecourtreport.org/our-work/ana...
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NYC will be allowed to scale back its legal obligations to provide shelter to migrants under changes to a long-standing consent decree. NYC's right to shelter is unique -
Michael Bobelian wrote a fascinating piece for #StateCourtReport explaining the history. statecourtreport.org/our-work/ana...
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This week the federal courts took a big step to limit judge-shopping in cases involving national/statewide issues. My
@brennancenter.bsky.social colleagues Alice Clapman & Jen Ahearn along w/ Prof. Amanda Shanor explain why this is a significant policy change. www.brennancenter.org/our-work/ana...
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We just launched a new Election 2024 site on #StateCourtReport! We’ll be covering the role of state courts & constitutions in the 2024 elections. Check out my blog post w/ more detail about what we'll be covering and issues to watch in 2024. statecourtreport.org/our-work/ana...
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Did you know #StateCourtReport has a free biweekly newsletter? Subscribe for the latest news and analysis about state courts and state constitutional development! go.statecourtreport.org/subscribe
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There's a super-interesting new case in Hawaii challenging licensing requirements for midwives under the state constitution. Martha Davis previews the case, which includes claims based on state protections of native Hawaiian cultural traditions. statecourtreport.org/our-work/ana...
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Check out the latest in #StateCourtReport: Erin Geiger Smith & Lena Pothier detail ongoing state litigation over laws that make it harder for young people to vote. statecourtreport.org/our-work/ana...
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NEW: There aren't many people out there who know more about judicial elections than @douglaskeith.bsky.social, my colleague at @brennancenter.bsky.social. Check out his #StateCourtReport analysis of state supreme court elections to watch in 2024.
statecourtreport.org/our-work/ana...
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NEW: Michael Bobelian writes for #StateCourtReport about
an upcoming AZ ballot measure that would make it harder to amend the state constitution. Learn about how signature distribution requirements for ballot initiatives have quietly become major battlegrounds. statecourtreport.org/our-work/ana...
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NEW in #StateCourtReport: Lauren Miller @brennancenter.bsky.social explains what you need to know about election certification processes, including when and how certification controversies may land in state court this year. statecourtreport.org/our-work/ana...
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Reposted by Alicia Bannon
I couldn't be more proud to share some brand new @brennancenter.bsky.social research, on this anniversary weekend of Bloody Sunday in Selma. The racial turnout gap is growing, and threatening our democracy. Millions more voters of color would participate if it were closed 🧵
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Hello world! Trying out a new app and sharing my most recent State Court Report piece on Alabama's recent IVF ruling. A lot of the coverage has been confusing, so I wrote about fetal personhood rights and the ways the Alabama case is - and isn't - about Dobbs. statecourtreport.org/our-work/ana...
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