Can state high court opinions serve as catalysts for national change? Examining Hawaiʻi Justice Todd Eddins' latest opinion, my latest @statecourtreport.org essay draws on Prof. Justin Long's insight that state court opinions can engage the public and inspire democratic change. Read below!

One Hawaii Justice Is Using State Constitutionalism to Challenge Federal Constitutional Orthodoxy

Justice Todd Eddins has consistently reminded us that state courts need not agree with the U.S. Supreme Court’s reasoning or conclusions — and neither do we.

statecourtreport.org

The Hawaii Supreme Court opened the door for criminal defendants to challenge convictions based on discredited evidence, diverging from the U.S. Supreme Court.

One Hawaii Justice Is Using State Constitutionalism to Challenge Federal Constitutional Orthodoxy

Justice Todd Eddins has consistently reminded us that state courts need not agree with the U.S. Supreme Court’s reasoning or conclusions — and neither do we.

statecourtreport.org

The PA high court ruled last month that warrantless searches of private land violate the state constitution, departing from federal law and overturning a 2007 case that lockstepped with federal protections, writes @ij.org's Joshua Windham.

Pennsylvania Supreme Court Rejects Warrantless Searches of Private Land

The court unanimously rejected the federal “open fields doctrine” in favor of the state constitution’s stronger privacy protections.

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

The Alaska Constitution was signed in 1956, allowing its framers to build on the lessons of the federal and state constitutions preceding it — and for this essay's author to hear their stories firsthand.

The Alaska Constitution: Reflecting the People and Territory of the 49th State

Delegates drafted a modern document to guide a young state and spent significant time educating Alaskans on its roots.

statecourtreport.org

From civil rights to voting rights, understanding how state courts and constitutions are playing an increasingly important role in protecting individual freedoms is crucial. Subscribe to State Court Report’s free newsletter: bit.ly/45IXZ0M

Many of the concepts later incorporated into the federal Constitution were first tested at the state level, writes @brennancenter.org's Zoe Merriman.

The Founding Fathers and Early State Constitutions

Many of the men responsible for enshrining the country’s founding principles also drafted early state constitutions.

statecourtreport.org

New from me in @statecourtreport.org @brennancenter.org: Voters approved state constitutional protections for reproductive rights. Now, courts are interpreting what they mean — and not just in cases about abortion. statecourtreport.org/our-work/ana...

How Are Advocates Using State Reproductive Freedom Amendments?

Voters approved state constitutional protections for reproductive rights. Now, courts are interpreting what they mean — and not just in cases about abortion.

statecourtreport.org

Nine court decisions have addressed the constitutionality of various abortion restrictions under recently passed reproductive freedom amendments, writes @uclarepropolicy.bsky.social's @cathrencohen.bsky.social.

How Are Advocates Using State Reproductive Freedom Amendments?

Voters approved state constitutional protections for reproductive rights. Now, courts are interpreting what they mean — and not just in cases about abortion.

statecourtreport.org

How does a Constitution now described as "colorblind" apply in U.S. territories, where some laws turn on classifications closely tied to race and indigenous identity? Anthony Ciolli explores the question.

Our Colorblind Constitution’s Territorial Blind Spot

Federal officials are invoking “our colorblind Constitution.” But millions of Americans live under laws that promise something different.

statecourtreport.org

State and local governments are using location-specific protections, and property law more broadly, to pushback against ICE, @uwlawdemocracy.bsky.social's @bgodar.bsky.social and @harrisonstark.bsky.social write.

State Authority to Limit Disruptive Federal Activity

From banning new detention centers to barring warrantless immigration actions at courthouses and other “sensitive locations,” jurisdictions are using traditional powers to push back on ICE operations.

statecourtreport.org

Can state & local governments ban new detention centers or bar warrantless immigration actions at “sensitive locations” like schools? Check out @bgodar.bsky.social & @harrisonstark.bsky.social’s piece at @statecourtreport.org exploring these efforts. go.wisc.edu/s6v4jp

State Authority to Limit Disruptive Federal Activity

From banning new detention centers to barring warrantless immigration actions at courthouses and other “sensitive locations,” jurisdictions are using traditional powers to push back on ICE operations.

go.wisc.edu

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

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

The Arizona Supreme Court recently issued a major decision upholding an election disclosure law. @aliciabannon.bsky.social covers the ruling, including how the court departed from SCOTUS's framework for evaluating free speech claims.

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

Officials across the country have sought to burden the direct democracy process with restrictions that may seem modest in isolation but collectively threaten to render these rights unusable, writes @derekclinger.bsky.social in a new explainer.

The Quiet Campaign Against Direct Democracy

As citizens have increasingly employed their powers to make or change law, state officials have used a variety of tactics to make doing so more difficult.

statecourtreport.org

As citizens have increasingly turned to direct democracy powers to make or change law, officials across states have responded with a similar set of tactics to make doing so harder. SDRI's @derekclinger.bsky.social explores the tactics and how citizens have responded in @statecourtreport.org.

The Quiet Campaign Against Direct Democracy

As citizens have increasingly employed their powers to make or change law, state officials have used a variety of tactics to make doing so more difficult.

statecourtreport.org

The CO Supreme Court looked to the state constitution's natural rights guarantee to find a public policy exception to at-will employment. @ijsanders.bsky.social explores the possible unintended consequences of the decisions.

Finding Public Policy in Constitutional Text

The Colorado Supreme Court’s use of the state constitution to derive public policy in favor of self-defense could have expansive and unforeseen consequences.

statecourtreport.org

Kansas voters will decide whether to replace their system of appointing supreme court justices with elections. @milov-cordobam.bsky.social & @douglaskeith.bsky.social detail how the amendment is the latest effort to make the court less independent, and the costly races voters can expect if passed.

Kansas Vote Could Lead to Wisconsin-Level Spending in Judicial Elections

Kansans will decide in August on an amendment that would change how judges are selected, a vote that could bring a surge of special interest spending and unwanted political pressure on judges.

statecourtreport.org

This year’s blockbuster Supreme Court term has serious implications for how state courts do their work and whether and how they can fill federal rights gaps. @aliciabannon.bsky.social broke it down.

What This Year's U.S. Supreme Court Term Means for State Courts

The Court's decisions on religious liberties, transgender rights, gun restrictions, and more have significant implications for state lawmakers, courts, and constitutions.

statecourtreport.org

NEW: I wrote about how the Supreme Court limited federal rights and remedies this term, and how its rulings mean more battles over rights will shift to the states. statecourtreport.org/our-work/ana...

What This Year's U.S. Supreme Court Term Means for State Courts

The Court's decisions on religious liberties, transgender rights, gun restrictions, and more have significant implications for state lawmakers, courts, and constitutions.

statecourtreport.org

WA law bars anyone with 2 DUIs from having a gun, for 5 years. The WA high court upheld this law under the 2nd Amendment. Does that conflict with last month's SCOTUS decision that it is unconstitutional to disarm a person based on regular marijuana use? UNC law prof Marcus Gadson explores.

A Washington Gun Case May Conflict with a Recent U.S. Supreme Court Ruling

The Washington high court last month upheld a law that temporarily disarms people who repeatedly drink and drive.

statecourtreport.org

The 1874 Arkansas Constitution was an instrument of disenfranchisement and oppression. But it also had an inherent distrust in centralized government that has allowed it to evolve and survive for more than 150 years.

The Arkansas Constitution: A Diamond in the Rough?

Its origins are tainted and its performance mixed, but the 1874 document allows Arkansans to intervene in governance.

statecourtreport.org

As the United States marks its 250th anniversary, the Declaration of Independence naturally takes center stage. But the origin of one of the nation's most influential founding documents did not begin in Philadelphia — it began in the states.

I wrote about how state constitutions played a critically important role in the American Founding -- and help tell the ongoing story American progress, backlash, and contention. Re-upping before July 4 weekend! statecourtreport.org/our-work/ana...

250 Years of State Constitutions

Early state charters are essential to understanding the American founding.

statecourtreport.org

When do state constitutions forbid retroactive laws? It's complicated. In a handful there's broad protection against the legislature time traveling. But in most-like here in South Carolina-things are flexible. My latest in @statecourtreport.org. statecourtreport.org/our-work/ana...

When Are Retroactive Laws Constitutional?

The South Carolina Supreme Court’s latest word on retroactive legislation is in keeping with a messy tradition.

statecourtreport.org

SDRI Faculty Co-Director @miriamseifter.bsky.social and Staff Attorney @ewylau.bsky.social dive into the history of the Wisconsin Constitution in State Court Report. statecourtreport.org/our-work/ana...

The Wisconsin Constitution: Initial Adoption Fights and a Veto Power That’s Still Contested

The charter is a guide for safeguarding the state’s aim of self-determination.

statecourtreport.org

State Court Report@statecourtreport.org · last mo.

The Wisconsin Constitution gives the governor one of the nation’s most powerful partial vetoes. Governors have used it to strike phrases, numbers, and word fragments to create new sentences and figures. 1/2

Before helping shape the U.S. Constitution, John Jay helped write New York's. Adopted in 1777, it declared a simple but enduring principle: Government derives its authority from the people.

The New York Constitution: Its First Was a Reaction to British Rule

The constitution, which served as a model for parts of the U.S. Constitution, adopted many policies of the English legal system.

statecourtreport.org

As the United States marks 250 years, Maryland's first constitution tells a story of continuity and change. Drafted in 1776 and modeled on Virginia's Declaration of Rights, it expanded rights after emancipation — but some provisions still refer only to "men." State constitutions are living history.

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.

statecourtreport.org

Two hundred and fifty years after the founding, state constitutions remain where Americans continue to debate, define, and defend their rights. They remind us that our constitutional tradition has never been static. It is diverse, contested, and constantly evolving.