Alicia Bannon
@aliciabannon.bsky.social
Senior Director of the Judiciary Program at the Brennan Center for Justice and the Kohlberg Center on the U.S. Supreme Court. Editor-in-chief of State Court Report. All opinions are my own.
I'll be on substack live in a few minutes talking about Missouri's redistricting mess. Check it out!
Brennan Center@brennancenter.org · 4d agoThe Supreme Court blocked Missouri’s Republican-backed congressional map for the midterm elections, allowing a Missouri Supreme Court ruling to go forward. What does this mean for future legal fights over gerrymandering? Jesse Wegman and Alicia Bannon will discuss on Friday, Sept. 11, at 11am ET.
I had a great time talking about why we need Supreme Court term limits with @kateshaw.bsky.social on @strictscrutiny.bsky.social. Check it out! crooked.com/podcast/we-n...
We Need To Talk About Term Limits | Crooked Media
crooked.com
This means: 1) MO will use the 2022 map this cycle (which is still a GOP-friendly map, but not as crazy as the 2025 map); 2) The fate of the 2025 map will be up to Missouri voters—who will vote to approve or reject it in November; and 3) The contempt proceeding against SoS Hoskins can continue.
Another year, another look at who serves on our nation’s state supreme courts. Our latest @brennancenter.org research examines the demographic and professional diversity of these powerful courts—and where representation still falls short. 🧵👇 1/5
State Supreme Court Diversity - September 2026 Update
Across the United States, states have shown little progress with respect to racial, ethnic, gender, and professional diversity among state supreme court justices.
brennancenter.org
The Eighth Circuit denies a stay request in the Missouri redistricting litigation. Next stop is SCOTUS (again). Read more about the chaotic Missouri redistricting saga in @statecourtreport.org. statecourtreport.org/our-work/ana...
The Continuing Chaos of Missouri’s Redistricting Litigation
Though the U.S. Supreme Court left in place this week a Missouri Supreme Court decision blocking use of the state’s new congressional map in the coming midterm elections, separate federal litigation i...
statecourtreport.org
Chris Geidner@chrisgeidner.bsky.social · 5d agoBREAKING: The Eighth Circuit DENIES the intervenors' request to block Judge Clark's TRO. The panel includes two Trump appointees — Stras and Justin Smith — and a GHWB appointee — Loken. storage.courtlistener.com/recap/gov.us...
In a year that’s seen a dizzying number of legal fights over mid-decade partisan gerrymanders, what's happening in Missouri may well be the messiest. @aliciabannon.bsky.social explains.
The Continuing Chaos of Missouri’s Redistricting Litigation
Though the U.S. Supreme Court left in place this week a Missouri Supreme Court decision blocking use of the state’s new congressional map in the coming midterm elections, separate federal litigation i...
statecourtreport.org
NEW: I wrote about the ongoing redistricting mess in Missouri and why courts need stronger tools to address gamesmanship in redistricting and election disputes. statecourtreport.org/our-work/ana...
The Continuing Chaos of Missouri’s Redistricting Litigation
Though the U.S. Supreme Court left in place this week a Missouri Supreme Court decision blocking use of the state’s new congressional map in the coming midterm elections, separate federal litigation i...
statecourtreport.org
Why can Americans have different rights depending on where they live? The answer is state courts and constitutions. Understanding what’s going on in your state’s court has never been easier, thanks to State Court Report EDU, a free resource for students: statecourtreport.org/collections/...
In @statecourtreport.org today discussing state pushes to go beyond the 13th amendment to ban slavery and involuntary servitude with no exceptions and what needs to happen to turn those rights on paper into on-the-ground change. statecourtreport.org/our-work/ana...
Transforming the Modern Push to Abolish Slavery and Involuntary Servitude
Nine states have amended their constitutions to eliminate or narrow the use of slavery and involuntary servitude as punishment for a crime. The exception exists in the federal 13th Amendment.
statecourtreport.org
Threats against federal judges have surged since 2021. Protecting judges is essential to safeguarding the rule of law. Here’s how we can strengthen judicial security:
An excellent piece in @washingtonpost.com covering our new report detailing the heightened threat environment for judges and calling for enhanced protections. Judges are sounding the alarm that we need to pay attention to judicial security. www.washingtonpost.com/nation/2026/...
Dozens of federal judges describe intensifying threats in new report
One jurist paid to construct a safe room after the floor plan of their home was posted on the internet.
washingtonpost.com
NEW: Threats against federal judges have surged since 2021. My @brennancenter.org colleagues and I interviewed 35 sitting and retired judges about the heightened threat environment. We discuss causes & impact make recs about how to improve judicial security. www.brennancenter.org/our-work/res...
Protecting Judges from Rising Threats
Federal judges and their families are facing extraordinary pressures. Improved security can ensure that they remain safe and that judicial independence remains uncompromised.
brennancenter.org
Judges play a critical role in safeguarding elections & the right to vote when they carefully consider warrant requests re: ballots, voter rolls & voter registration. Retired Ohio CJ Maureen O'Connor & my colleague Hayne Yoon discuss considerations for judges. statecourtreport.org/our-work/ana...
Judges’ Critical Role in Evaluating Election-Related Search Warrants
Judges can take note when search warrant applications are based on unproven conspiracies and, when an election-related warrant is issued, protect election records.
statecourtreport.org
LAW STUDENTS! Check out this excellent new resource.
State Court Report@statecourtreport.org · 3w agoAs the school year begins, we're launching a new resource for students: State Court Report EDU. It's a curated collection of explainers, career advice, and scholarship to help you start learning about state courts and constitutions.
I always pay attention to what @miriamseifter.bsky.social writes, but imagine my surprise when she recommended my “Indigenous Constitutionalism” article in this roundup of new and important state public law scholarship. Honored to be included (and greatly indebted to many of these scholars)!
Alicia Bannon@aliciabannon.bsky.social · 4w agoWant to see the latest in scholarship re: state constitutions & other state public law issues? Check out @miriamseifter.bsky.social's new roundup for @statecourtreport.org. statecourtreport.org/our-work/ana...
I'm flattered that Miriam recommended my essay on the difficulties of translating federal substantive due process doctrine into state constitutions:
Translating "Substantive Due Process" into State Constitutional Parlance
As the U.S. Supreme Court backs away from a robust recognition of substantive due process, many advocates and litigants are turning to state courts to vindicate
papers.ssrn.com
Alicia Bannon@aliciabannon.bsky.social · 4w agoWant to see the latest in scholarship re: state constitutions & other state public law issues? Check out @miriamseifter.bsky.social's new roundup for @statecourtreport.org. statecourtreport.org/our-work/ana...
In @postopinions.bsky.social, I discuss the @brennancenter.org’s recent study of AI’s potential impact on the midterm and 2028 elections, and what can be done to minimize the most harmful effects of the technology in the coming weeks and years. www.washingtonpost.com/opinions/202...
Opinion | Does AI help or hurt misinformation? Here’s what we found.
The 2026 midterms could be called the first chatbot election.
washingtonpost.com
The Brennan Center's new home for analysis and commentary on the influence of big money in the 2026 elections: www.brennancenter.org/series/money...
Money in the 2026 Election
In the run-up to November, the Brennan Center is releasing analyses exploring key trends shaping how money flows into our elections and whose voices are heard the loudest.
brennancenter.org
There's A LOT of confusion about when states & localities have to cooperate w/ ICE. The short answer is that whether to cooperate largely comes down to state/local law & policy. My @brennancenter.org colleagues have a new explainer laying out the legal framework. statecourtreport.org/our-work/ana...
Are States and Localities Required to Cooperate with ICE?
State and local officials’ responsibility to aid in federal immigration enforcement is largely a matter of state and local law, despite the administration’s claims to the contrary.
statecourtreport.org
Check out SDRI faculty co-director @miriamseifter.bsky.social's latest scholarship roundup in @statecourtreport.org⬇️
Alicia Bannon@aliciabannon.bsky.social · 4w agoWant to see the latest in scholarship re: state constitutions & other state public law issues? Check out @miriamseifter.bsky.social's new roundup for @statecourtreport.org. statecourtreport.org/our-work/ana...
Want to see the latest in scholarship re: state constitutions & other state public law issues? Check out @miriamseifter.bsky.social's new roundup for @statecourtreport.org. statecourtreport.org/our-work/ana...
Summer Scholarship Roundup: New Papers on State-Federal Conflicts and State Constitutions
Law review articles shine new light on state public law issues, including state constitutional interpretation and the commandeering doctrine.
statecourtreport.org
In an important decision, Arizona’s supreme court ruled that corporate campaign contributions are not protected speech under the state constitution — a departure from the U.S. Supreme Court’s Citizens United ruling. Learn more by subscribing to State Court Report’s free newsletter: bit.ly/45IXZ0M
Today Senator @whitehouse.senate.gov, joined by 10 other senators, introduced a bill to strengthen accountability for the Supreme Court. It’s time for Supreme Court term limits. 1/
This state supreme court opinion pulls no punches: “This court does not anchor Hawaiʻi’s due process rights to the federal floor. Especially one that keeps sinking. . . . State constitutionalism makes it easy to consider Roberts Court jurisprudence ‘white noise.’”
Eric Segall@espinsegall.bsky.social · 2mo ago“The Roberts Court sees only white. It refuses to acknowledge who the Equal Protection Clause was written to protect. The freed people, their descendants, and all others denied equal citizenship. The 14th Amend. is not colorblind. It never was.” Me? No a judge www.courts.state.hi.us/wp-content/u...
The Michigan Supreme Court on Friday declined to hear a habeas case on behalf of 7 chimps, but the Hawaii Supreme Court will consider 2 elephants’ liberty claims. @aliciabannon.bsky.social has covered legal fights over whether habeas corpus can be applied to the confinement of intelligent animals.
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.
statecourtreport.org
A strong majority of the American people disapprove of the Supreme Court and the way it's doing its job. 55 percent disapprove, according to a poll just released by the Washington Post/Ipsos. We're compiling the polls and data here to learn more: www.brennancenter.org/our-work/res...
Public Polling on the Supreme Court
The data includes sentiment on the Supreme Court itself and reform proposals.
brennancenter.org
I wrote about a recent Arizona Supreme Court decision upholding an election disclosure law meant to curb dark money. In interpreting the state constitution, the court rejected SCOTUS's framework for evaluating free speech claims. A very interesting case. statecourtreport.org/our-work/ana...
Arizona Charts New Path for the Right to Speak Freely
In upholding an election disclosure law, the Arizona Supreme Court departed from the U.S. Supreme Court's framework for evaluating free speech claims.
statecourtreport.org
Can Supreme Court term limits be implemented by statute? I authored a detailed legal analysis with Eliazar Chacha & @stevespaulding.bsky.social, concluding that the leading proposals, in which justices retain their offices w/ reduced duties, are constitutional. www.brennancenter.org/our-work/res...
Supreme Court Term Limits Are Constitutional
This legal analysis of leading proposals for term limits demonstrates that they can be implemented by statute.
brennancenter.org
We’re kicking off our conference with an all-star panel on the SCOTUS term in review. You can check it out on our livestream!
Alicia Bannon@aliciabannon.bsky.social · 2mo agoCome join us in DC on Wed. July 15 to hear about the most recent SCOTUS term and where we go from here, including Congress's role in SCOTUS reform. Featuring an all-star set of panelists and a keynote from Senator Whitehouse. It's going to be a great conversation. brennan.swoogo.com/uncheckedsup...
One cool thing we're doing at The Benchmark @brennancenter.org is featuring scholarly commentary on how SCOTUS operates. Check out Mark Tushnet's reflection on the role of dissents. www.brennancenter.org/our-work/ana...
A Mild Dissent on How We Discuss Dissents
In considering the value of dissents, we should focus on substantive contributions to constitutional analysis and not just celebrate that our system allows them.
brennancenter.org