State Court Report

Hello and welcome to State Court Report, a project of @brennancenter.bsky.social! We’re a nonpartisan news source and commentary hub covering state constitutions and state supreme courts. Plus, we have an amazing database of state court cases. statecourtreport.org

Oklahoma’s supreme court recently blocked a ballot measure before voters could weigh in. The case raises a bigger question: When should courts decide what voters can vote on? Subscribe to State Court Report to learn more: bit.ly/45IXZ0M

The federal government is trying to interfere with the state certification process in Alaska. But the process is just that: a STATE process. There's no role for the federal government. @lmillerkaralunas.bsky.social explains how election certification works.

ICYMI, last week a panel of Tennessee judges left the state’s school voucher program intact, dismissing public school parents’ and teachers’ state constitutional challenge. The case is part of a new wave of school-choice disputes, as @aliciabannon.bsky.social has described.

Nebraska’s supreme court upheld a 2005 law that allows U.S. citizens born abroad who have never lived in Nebraska to vote there if a parent is registered in the state. Similar lawsuits are ongoing across the country.

Americans are angry about the corrupting influence of big money in politics and are hungry for solutions, writes @brennancenter.org's Penny Mack. Ballot measures could help.

I wrote about something that's interested me ever since Virginia's high court struck down the state's redistricting amendment *after* voters had approved it. When should courts consider these kind of challenges? Rules vary & there are competing values at stake. statecourtreport.org/our-work/ana...

What do state constitutions say about elections and the right to vote? How do state constitutions differ from the US Constitution with respect to the right to vote? @cardozolaw.bsky.social's @wuc3.bsky.social answers these questions and more in this essential election-season reading.

Election-related warrant requests raise special concerns, explain former OH Chief Justice Maureen O'Connor and @brennancenter.org's Hayne Yoon. Judges faced with these requests can do a lot to safeguard elections.

I loved this piece by Marcus Gadson. Some of today's state constitutions came about because of a desire to make Black residents second-class citizens. What should that mean for how courts interpret them and how citizens chart our constitutional future? statecourtreport.org/our-work/ana...

Some state constitutions were meant to uphold white supremacy and degrade Black residents to a condition as near to slavery as possible, writes Prof. Marcus Gadson. What this dark past means for constitutional interpretation today is an open question.

Thrilled to share this new interview with Hawaii Supreme Court Justice Todd Eddins -- including his reflections on Hawaii's state constitutional tradition and why he thinks it's important to point out when SCOTUS is being intellectually dishonest. statecourtreport.org/our-work/ana...

Hawaii Supreme Court Justice Todd Eddins works popular culture like Breaking Bad into his opinions. He’s also found space for criticism of recent U.S. Supreme Court decisions and the Court’s use of originalism.

One area that has received generous constitutional treatment is what constitutes a seizure under the Connecticut Constitution, write former CT Justice Joette Katz and attorney Richard Emanuel.

"The president has no constitutional authority over federal election administration. Rather, state and local officials are charged with administering elections, serving voters, and counting ballots to determine who the people chose to represent them."

Twenty-four states are holding elections for supreme court seats this November. @douglaskeith.bsky.social spotlights the supreme court races with the greatest potential to shape state high courts:

Christa Pike’s failed execution raises questions about the legal system that makes executions possible. Can the death penalty operate fairly? Subscribe to State Court Report to learn more: bit.ly/45IXZ0M

Ballot measures continue to be a tool in the fight over abortion rights. Check out what's on your state's ballot in the November election.

Election-related warrant requests raise special concerns, explain former OH Chief Justice Maureen O'Connor and @brennancenter.org 's Hayne Yoon. Judges faced with these requests can do a lot to safeguard elections.

Constitutional change is very much on the ballot this fall. My @statecourtreport.org colleague @erings.bsky.social has a great round-up with some of the main ballot measures to watch. statecourtreport.org/our-work/ana...

This is a very helpful collection of resources re: disputes over election materials, offering judges and litigants a starting point for considering how to preserve evidence without unnecessarily disrupting the election process. judicialstudies.duke.edu/2026/10/judg...

"The president has no constitutional authority over federal election administration. Rather, state and local officials are charged with administering elections, serving voters, and counting ballots to determine who the people chose to represent them."

Curious what state constitutional amendments voters across the country will consider in the upcoming midterm elections? @erings.bsky.social has you covered.

Oregon’s history includes both blatant discrimination and democratic progress. The first laws of its territorial government prohibited Black people from residing in the territory. Later it was a leader in the state constitutional revolution.

Midterm voters will soon start hearing about election certification — a mandatory, post-election formality that marks the end of the vote-counting process. Here’s how it works in several states, including those with high-profile elections:

A lack of clarity over EMTALA's requirements has led hospitals in states that ban abortion to turn away pregnant people who need emergency care, writes @maryrziegler.bsky.social. The predictable result? Preventable and tragic deaths like Tierra Walker's.

Ballot measures continue to be a tool in the fight over abortion rights this year, with some states attempting to expand rights and others looking to shore up restrictions. @maryrziegler.bsky.social lays out the landscape:

Twenty-four states are holding elections for supreme court seats this November. @douglaskeith.bsky.social spotlights the supreme court races with the greatest potential to shape state high courts:

Ahead of election day, @wuc3.bsky.social reminds us that "states are the primary regulators of elections, and their charters do much of the work to establish and protect the right to vote."

The Oklahoma constitution requires a public vote every 20 years over whether to hold a state constitutional convention. But there hasn't been such a vote in over 50 years. The requirement is now at the center of an inter-branch conflict, writes @msmith750.bsky.social.

I wrote about Christa Pike's botched execution & what it shows us about our death penalty system. Justice Blackmun famously said he would no longer “tinker with the machinery of death.” Pike's experience highlights how today's death penalty machinery is broken. statecourtreport.org/our-work/ana...

Ahead of election day, @wuc3.bsky.social reminds us that "states are the primary regulators of elections, and their charters do much of the work to establish and protect the right to vote."

Election-related warrant requests raise special concerns, explain former OH Chief Justice Maureen O'Connor and @brennancenter.org shared.outlook.inky.com/link?domain=... Hayne Yoon. Judges faced with these requests can do a lot to safeguard elections.

There's a lot of thinking to be done about how to give full expression to the reproductive freedom amendments that have passed in 10 states (and counting). This piece (and the report it's based on) digs in to what these state constitutional doctrines should look like. It's definitely worth a read.

For years, municipalities and advocates have asked: should oil companies pay for the damages wrought by the climate crisis? And now, for the first time, the Supreme Court will weigh in. I dug into the immense stakes of the case for @statecourtreport.org: statecourtreport.org/our-work/ana...

Check out SDRI Senior Counsel @derekclinger.bsky.social's latest @statecourtreport.org piece discussing two recent California Supreme Court decisions finding a local sheriff's seizure of 650,000 ballots unlawful and the lessons for voters, officials, and courts.

A week before last week's botched execution of Christa Pike, the Tennessee Supreme Court rejected Pike's state and federal constitutional challenge to the lethal injection protocol, saying any risk of severe pain was “speculative,” writes @aliciabannon.bsky.social.

Twenty-four states are holding elections for supreme court seats this November. @douglaskeith.bsky.social spotlights the supreme court races with the greatest potential to shape state high courts:

Tierra Walker’s family claims she died because she was denied a medically necessary abortion. Who, if anyone, will be held accountable for her death? We’ll be following this story and others like it on State Court Report. Subscribe today to learn more: bit.ly/45IXZ0M

The CA Supreme Court's holding that a sheriff's seizure of ballots cast in the state’s November 2025 special election was unlawful offers lessons for the upcoming midterms, writes @derekclinger.bsky.social of @uwlawdemocracy.bsky.social

The Massachusetts Supreme Court is hearing arguments today on whether a judge was right to hold prosecutors responsible and dismiss criminal charges against a defendant when ICE detained him in the middle of his trial. Watch the arguments and read more here:

The Utah Supreme Court is hearing arguments today on whether the state can transfer high-profile redistricting, abortion, and climate challenges away from their judges to new judicial panels, under a 2026 law passed after redistricting losses. Watch and read more here:

State high courts in October will weigh whether prosecutors can be held responsible for ICE conduct in MA, transgender people can amend birth certificates in WY, an Atlanta county can reject two GOP nominees to its election board, and more, writes @skess108.bsky.social

A case SCOTUS hears on Monday could have major implications for the ability of states and localities to address climate-related harms in their communities. @johnsurico.bsky.social explains.

Tennessee's governor suspended upcoming executions after this week's botched execution of Crista Pike, the second such failure in the state since May. @brennancenter.org's Jamie Muth details the state-by-state legality of the death penalty.

The horrific botched execution in Tennessee last night comes amid a sharp rise in executions in the United States. My colleague Jamie Muth has an excellent new explainer on the legal regimes governing the death penalty. statecourtreport.org/our-work/ana...

Missouri’s redistricting fight shows the risks of last-minute changes to election maps. What role should courts play when those changes affect voters’ rights? Subscribe to State Court Report to learn more: bit.ly/45IXZ0M

Looking for a cheat sheet on state supreme court elections to watch? @douglaskeith.bsky.social, our resident judicial elections expert, has you covered! statecourtreport.org/our-work/ana...

Twenty-four states are holding elections for supreme court seats this November. @douglaskeith.bsky.social spotlights the supreme court races with the greatest potential to shape state high courts:

A new report from @law.ucla.edu's Center on Reproductive Health, Law, and Policy offers guidance to courts, policymakers, and others interpreting state reproductive freedom amendments.

@howard.edu's Robinson Woodward-Burns analyzed 1,528 state constitutional amendments proposed over the last two decades, charting differences across regions, types of provisions, and more.