Bryna Godar
@bgodar.bsky.social
Staff Attorney, State Democracy Research Initiative (@uwlawdemocracy.bsky.social)
Reposted by Bryna Godar
A Utah judge last night rejected a congressional map proposed by Republican legislators in the state and instead selected an alternative that will create a Democratic-leaning district anchored in Salt Lake County, The Salt Lake Tribune reports.
‘Extreme’ gerrymander: Utah judge rejects GOP lawmakers’ congressional map, picks districts favoring Democrats
A Utah judge rejected new congressional boundaries proposed by Republican lawmakers, instead choosing a map that will create a heavily Democratic-leaning district in Salt Lake County.
www.sltrib.com
November 11, 2025 at 3:00 PM
A Utah judge last night rejected a congressional map proposed by Republican legislators in the state and instead selected an alternative that will create a Democratic-leaning district anchored in Salt Lake County, The Salt Lake Tribune reports.
In short, federal officials do not have blanket immunity from state criminal prosecutions for on-the-job acts.
As federal immigration enforcement agents carry out widespread immigration raids throughout the country, their actions are increasingly facing scrutiny. @bgodar.bsky.social evaluates whether federal officials who violate state criminal law are immune from state prosecution.
Are Federal Officials Immune From State Prosecution?
Contrary to recent assertions, federal officers do not have blanket immunity from criminal prosecutions brought by states.
www.lawfaremedia.org
November 6, 2025 at 8:27 PM
In short, federal officials do not have blanket immunity from state criminal prosecutions for on-the-job acts.
Wondering who is voting on what today? Check out @boltsmag.org's election guide:
It's Election Day!
Our team is keeping an eye on nearly 200 races up and down the ballot, from governors and supreme court justices to sheriffs, DAs, and school boards.
Explore our guide, and be sure to save it as we'll update it with results tonight.
Our team is keeping an eye on nearly 200 races up and down the ballot, from governors and supreme court justices to sheriffs, DAs, and school boards.
Explore our guide, and be sure to save it as we'll update it with results tonight.
Your Cheat Sheet to the 2025 General Elections - Bolts
Four contests have come to largely define the 2025 elections this fall: the elections to lead New Jersey, Virginia, and New York City, plus California’s redistricting measure. But there’s so... Read More
boltsmag.org
November 4, 2025 at 4:00 PM
Wondering who is voting on what today? Check out @boltsmag.org's election guide:
Reposted by Bryna Godar
Property owners have increasingly used state law to challenge programs and policies meant to assist the poor. As Staff Attorney @bridgetlavender.bsky.social explains in the State Court Report, state efforts to defend these policies have been mostly successful. statecourtreport.org/our-work/ana...
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.
statecourtreport.org
November 3, 2025 at 5:45 PM
Property owners have increasingly used state law to challenge programs and policies meant to assist the poor. As Staff Attorney @bridgetlavender.bsky.social explains in the State Court Report, state efforts to defend these policies have been mostly successful. statecourtreport.org/our-work/ana...
A Wisconsin circuit judge today stayed his ruling that would have required the Wisconsin Elections Commission to conduct citizenship checks of voters beyond what is required in state statute. The order is also being challenged on appeal.
www.msn.com/en-us/news/p...
www.msn.com/en-us/news/p...
MSN
www.msn.com
October 31, 2025 at 5:59 PM
A Wisconsin circuit judge today stayed his ruling that would have required the Wisconsin Elections Commission to conduct citizenship checks of voters beyond what is required in state statute. The order is also being challenged on appeal.
www.msn.com/en-us/news/p...
www.msn.com/en-us/news/p...
Reposted by Bryna Godar
The Hastie Fellowship is a two-year program supporting aspiring scholars preparing for a career in law teaching. Learn about the program from previous Hastie Fellows: buff.ly/75YTzc4.
Interested in the program? Learn more and apply: buff.ly/ib0bu6H.
Interested in the program? Learn more and apply: buff.ly/ib0bu6H.
October 22, 2025 at 6:00 PM
The Hastie Fellowship is a two-year program supporting aspiring scholars preparing for a career in law teaching. Learn about the program from previous Hastie Fellows: buff.ly/75YTzc4.
Interested in the program? Learn more and apply: buff.ly/ib0bu6H.
Interested in the program? Learn more and apply: buff.ly/ib0bu6H.
In analyzing Miller's comments, @politifact.bsky.social cites our piece explaining that "while Supremacy Clause immunity grants federal officials a partial shield from state prosecution, that immunity is not absolute."
For more, see the full explainer: statedemocracy.law.wisc.edu/featured/202...
For more, see the full explainer: statedemocracy.law.wisc.edu/featured/202...
Do ICE officers have ‘federal immunity’?
Stephen Miller said ICE agents have federal immunity. Agents have broad protections when they’re conducting official duties. But they’re not immune from prosecution if they break state or federal law.
www.politifact.com
October 30, 2025 at 2:20 PM
In analyzing Miller's comments, @politifact.bsky.social cites our piece explaining that "while Supremacy Clause immunity grants federal officials a partial shield from state prosecution, that immunity is not absolute."
For more, see the full explainer: statedemocracy.law.wisc.edu/featured/202...
For more, see the full explainer: statedemocracy.law.wisc.edu/featured/202...
Reposted by Bryna Godar
Next week, voters in six states will consider ballot measures regarding redistricting, voting, gun laws, parental rights, taxes, and more. @erings.bsky.social breaks down key measures we're tracking, including CA's Prop 50, which could impact control of the US House after the 2026 elections.
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.
statecourtreport.org
October 27, 2025 at 1:13 PM
Next week, voters in six states will consider ballot measures regarding redistricting, voting, gun laws, parental rights, taxes, and more. @erings.bsky.social breaks down key measures we're tracking, including CA's Prop 50, which could impact control of the US House after the 2026 elections.
We filed a brief yesterday explaining that the Constitution’s structure envisions an active role for states in redressing the constitutional violations of federal actors and, historically, state-level causes of action were the primary way for individuals to recover for injuries by federal actors.
In this Ninth Circuit amicus brief, SDRI’s @miriamseifter.bsky.social & @robyablon.bsky.social, with other legal scholars, explain that individuals can use certain state laws to sue for damages when federal officers violate their constitutional rights.
statedemocracy.law.wisc.edu/featured/202...
statedemocracy.law.wisc.edu/featured/202...
Ninth Circuit – Quiñonez v. United States Amicus Brief Filed
PDF Available Here On October 22, the State Democracy Research Initiative’s faculty co-directors, Miriam Seifter and Rob Yablon, filed an amicus brief with nine other legal scholars in Quiñonez v. Uni...
statedemocracy.law.wisc.edu
October 23, 2025 at 5:27 PM
We filed a brief yesterday explaining that the Constitution’s structure envisions an active role for states in redressing the constitutional violations of federal actors and, historically, state-level causes of action were the primary way for individuals to recover for injuries by federal actors.
Reposted by Bryna Godar
@miriamseifter.bsky.social, @robyablon.bsky.social, & other scholars filed an amicus brief last week urging the OR Court of Appeals to consider the OR Constitution's democratic commitments when analyzing whether state law authorizes invasive surveillance.
statedemocracy.law.wisc.edu/featured/202...
statedemocracy.law.wisc.edu/featured/202...
Oregon Supreme Court – Farrell-Smith v. Oregon Department of Justice Amicus Brief Filed
PDF Available Here On October 16, the State Democracy Research Initiative’s faculty co-directors, Miriam Seifter and Rob Yablon, filed an amicus brief with six other legal scholars in Farrell-Smith v....
statedemocracy.law.wisc.edu
October 20, 2025 at 8:50 PM
@miriamseifter.bsky.social, @robyablon.bsky.social, & other scholars filed an amicus brief last week urging the OR Court of Appeals to consider the OR Constitution's democratic commitments when analyzing whether state law authorizes invasive surveillance.
statedemocracy.law.wisc.edu/featured/202...
statedemocracy.law.wisc.edu/featured/202...
Reposted by Bryna Godar
Check out Harrison Stark's @statecourtreport.org piece exploring the long history -- and present possibility -- of suing federal officials under state law. statecourtreport.org/our-work/ana...
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.
statecourtreport.org
October 16, 2025 at 1:29 PM
Check out Harrison Stark's @statecourtreport.org piece exploring the long history -- and present possibility -- of suing federal officials under state law. statecourtreport.org/our-work/ana...
A Wisconsin court ruled Friday that the elections commission has to adopt new U.S. citizen verification procedures for voter registrants but did not specify what those procedures must be. Defendants filed a stay motion pending appeal, appeal to come.
The agency says the judge’s ruling creates new verification requirements that can’t be met before the February deadline. It’s seeking a stay pending appeal.
Wisconsin Elections Commission challenges order requiring voter citizenship checks
The agency says the judge’s ruling creates new verification requirements that can’t be met before the February deadline. It’s seeking a stay pending appeal.
bit.ly
October 6, 2025 at 9:36 PM
A Wisconsin court ruled Friday that the elections commission has to adopt new U.S. citizen verification procedures for voter registrants but did not specify what those procedures must be. Defendants filed a stay motion pending appeal, appeal to come.
As states start to pass laws banning law enforcement from wearing masks, @bridgetlavender.bsky.social has an explainer on the constitutionality of such laws as applied to ICE and other federal law enforcement officers: statedemocracy.law.wisc.edu/featured/202.... The short answer: it's complicated.
Explainer: Can States Prohibit Federal Law Enforcement from Masking on the Job?
Bridget Lavender PDF Available Here Published: October 3, 2025 Introduction As the federal government ramps up immigration enforcement under President Trump’s second administration, federal agents som...
statedemocracy.law.wisc.edu
October 6, 2025 at 3:22 PM
As states start to pass laws banning law enforcement from wearing masks, @bridgetlavender.bsky.social has an explainer on the constitutionality of such laws as applied to ICE and other federal law enforcement officers: statedemocracy.law.wisc.edu/featured/202.... The short answer: it's complicated.
After a few months of uncertainty and Justice Rebecca Bradley bowing out, the WI Supreme Court race now has two candidates. Court of Appeals Judge Maria Lazar announced her campaign today. She'll be running against another member of the appeals court, Judge Chris Taylor.
apnews.com/article/wisc...
apnews.com/article/wisc...
Conservative Wisconsin appeals court judge Maria Lazar is running for state Supreme Court
A conservative Wisconsin appeals court judge is running for an open seat on the battleground state’s Supreme Court. It is currently controlled 4-3 by liberals.
apnews.com
October 1, 2025 at 2:16 PM
After a few months of uncertainty and Justice Rebecca Bradley bowing out, the WI Supreme Court race now has two candidates. Court of Appeals Judge Maria Lazar announced her campaign today. She'll be running against another member of the appeals court, Judge Chris Taylor.
apnews.com/article/wisc...
apnews.com/article/wisc...
Reposted by Bryna Godar
Tomorrow at 12:15 pm CT, the AZ Supreme Court hears Center for Arizona Policy v. Secretary of State—a rare test of state‑constitutional limits on campaign finance disclosure.
Watch: www.azcourts.gov/AZ-Supreme-C...
Amicus from SDRI’s @miriamseifter.bsky.social
& @robyablon.bsky.social (& others):
Watch: www.azcourts.gov/AZ-Supreme-C...
Amicus from SDRI’s @miriamseifter.bsky.social
& @robyablon.bsky.social (& others):
September 10, 2025 at 3:46 PM
Tomorrow at 12:15 pm CT, the AZ Supreme Court hears Center for Arizona Policy v. Secretary of State—a rare test of state‑constitutional limits on campaign finance disclosure.
Watch: www.azcourts.gov/AZ-Supreme-C...
Amicus from SDRI’s @miriamseifter.bsky.social
& @robyablon.bsky.social (& others):
Watch: www.azcourts.gov/AZ-Supreme-C...
Amicus from SDRI’s @miriamseifter.bsky.social
& @robyablon.bsky.social (& others):
States have a long history of charging federal actors under state criminal laws, particularly during periods of heightened tensions over issues like prohibition, slavery, and integration. My latest piece covers this history and explains when state prosecutions can proceed.
Perhaps surprisingly, there is a long tradition of state and local prosecutors pursuing charges against federal actors. The U.S. Constitution’s Supremacy Clause puts some important limits on such prosecutions, but it doesn’t foreclose them entirely. 2/ go.wisc.edu/k0s17n
Explainer: Can States Prosecute Federal Officials?
Bryna Godar, Staff Attorney PDF Available Here Published: July 17, 2025 As state and local officials increasingly clash with federal officials over immigration enforcement,[1] policing of protests,[2]...
go.wisc.edu
August 8, 2025 at 7:28 PM
States have a long history of charging federal actors under state criminal laws, particularly during periods of heightened tensions over issues like prohibition, slavery, and integration. My latest piece covers this history and explains when state prosecutions can proceed.
For years, Wisconsin has been an outlier in how much power its legislative committees wield. The Evers v. Marklein decision struck down several of those powers, bringing Wisconsin more in line with other states on the question of legislative vetoes.
Staff Attorney @bgodar.bsky.social recaps the Wisconsin Supreme Court’s landmark separation-of-powers decision in Evers v. Marklein for @brennancenter.org's @statecourtreport.org, explaining how it strikes down legislative vetoes over administrative rulemaking: statecourtreport.org/our-work/ana...
Wisconsin Supreme Court Strikes Down Legislative Vetoes
The case marks a major shift in how Wisconsin’s government functions.
statecourtreport.org
August 6, 2025 at 7:49 PM
For years, Wisconsin has been an outlier in how much power its legislative committees wield. The Evers v. Marklein decision struck down several of those powers, bringing Wisconsin more in line with other states on the question of legislative vetoes.
Thanks to the enormous efforts of @ewlau.bsky.social and others on the SDRI team, there are now fourteen states with full constitutional histories, letting you track changes over time. More are in progress. Check it out at 50constitutions.org.
🚨50 Constitutions Update🚨
Our latest update to 50constitutions.org adds tracking constitutional change features to 4 additional states!
These tools allow users to explore a state's full amendment history.
50constitutions.org
Our latest update to 50constitutions.org adds tracking constitutional change features to 4 additional states!
These tools allow users to explore a state's full amendment history.
50constitutions.org
July 31, 2025 at 7:26 PM
Thanks to the enormous efforts of @ewlau.bsky.social and others on the SDRI team, there are now fourteen states with full constitutional histories, letting you track changes over time. More are in progress. Check it out at 50constitutions.org.
In addition to the abortion case, this explainer covers several election cases and four major separation-of-powers cases involving the partial veto, administrative rulemaking, and the AG's power to settle civil lawsuits.
The WI Supreme Court wrapped up its 2024-25 term with high-profile decisions on abortion, legislative committee vetoes, and more. Check out @bgodar.bsky.social’s explainer for a review of the term’s key cases and a preview of what’s to come: statedemocracy.law.wisc.edu/featured/202...
Wisconsin Supreme Court 2024-25 Term Review and 2025-26 Preview
Bryna Godar, Staff Attorney PDF Available Here Published: July 16, 2025 The 2024–25 Wisconsin Supreme Court term wrapped up this summer with a series of high-profile decisions, including on abortion, ...
statedemocracy.law.wisc.edu
July 18, 2025 at 7:06 PM
In addition to the abortion case, this explainer covers several election cases and four major separation-of-powers cases involving the partial veto, administrative rulemaking, and the AG's power to settle civil lawsuits.
Reposted by Bryna Godar
📣 UW Law School's State Democracy Research Initiative is hiring! We’re searching for a program coordinator to support SDRI in all aspects of its work, from events to communications and research support. Apply here: go.wisc.edu/6p0b3n
Program Coordinator, State Democracy Research Initiative (SDRI) - Madison, Wisconsin, United States
Current Employees: If you are currently employed at any of the Universities of Wisconsin, log in to Workday to apply through the internal application process.Job Category:University StaffEmployment Type:RegularJob Profile:Administrative Assistant IIJob Duties:-Serves as the Initiative's administrative point person, handles all matters related to logistics, planning, scheduling, and record-keeping;-Monitors and analyzes current events and briefs colleagues on ongoing developments;-Manages the Initiative's communications, including its newsletter, social media, and website;-Interfaces with student researchers to manage onboarding;-Assists staff with the creation of designs for social media content, research data charts, and other research and informational needs;-Plans and serves as the main point of...
go.wisc.edu
July 16, 2025 at 4:38 PM
📣 UW Law School's State Democracy Research Initiative is hiring! We’re searching for a program coordinator to support SDRI in all aspects of its work, from events to communications and research support. Apply here: go.wisc.edu/6p0b3n
After the Wisconsin Supreme Court declined to directly hear several cases challenging Wisconsin's congressional maps, one group is now starting the case in trial court. The lawsuit argues that the maps are an anti-competitive gerrymander and therefore unconstitutional. apnews.com/article/wisc...
New lawsuit seeks to redraw Wisconsin's congressional maps before 2026 midterms
A new lawsuit challenges Wisconsin's congressional district maps, claiming they are unconstitutional due to anti-competitive gerrymandering.
apnews.com
July 9, 2025 at 9:42 PM
After the Wisconsin Supreme Court declined to directly hear several cases challenging Wisconsin's congressional maps, one group is now starting the case in trial court. The lawsuit argues that the maps are an anti-competitive gerrymander and therefore unconstitutional. apnews.com/article/wisc...
A federal magistrate judge recommended the case proceed against WI Judge Hannah Dugan, who is facing criminal charges for allegedly escorting a man out of her courtroom through a back door in April after learning ICE agents were there to arrest him. pbswisconsin.org/news-item/fe...
Federal magistrate judge recommends that case against Dugan can proceed
MADISON, Wis. (AP) — A federal magistrate judge recommended July 7 that the case proceed against a Wisconsin judge who was indicted on allegations that she helped a man who ...
pbswisconsin.org
July 8, 2025 at 3:32 PM
A federal magistrate judge recommended the case proceed against WI Judge Hannah Dugan, who is facing criminal charges for allegedly escorting a man out of her courtroom through a back door in April after learning ICE agents were there to arrest him. pbswisconsin.org/news-item/fe...
The committee had used its powers to block a ban on conversion therapy and changes to the state’s commercial building standards for years. This ruling removes major hurdles for those rules and marks a significant change in the state's rulemaking process going forward.
Breaking: The Wisconsin Supreme Court ruled that a Wisconsin legislative committee’s powers to pause, object to, or suspend administrative rules violate the state constitution's bicameralism and presentment requirements.
Opinion: www.wicourts.gov/sc/opinion/D...
Opinion: www.wicourts.gov/sc/opinion/D...
www.wicourts.gov
July 8, 2025 at 1:54 PM
The committee had used its powers to block a ban on conversion therapy and changes to the state’s commercial building standards for years. This ruling removes major hurdles for those rules and marks a significant change in the state's rulemaking process going forward.
Reposted by Bryna Godar
There is still time to register!
Join us for “Year in Review: Democracy Litigation in SCOTUS and the States” Thursday, July 10 at 3pm CT, at the Madison Public Library or online. The panel will highlight the past year’s significant democracy-related decisions at both the state and federal levels.
Register here: go.wisc.edu/bl85id
Register here: go.wisc.edu/bl85id
Year in Review: Democracy Litigation in SCOTUS and the States
Join us for “Year in Review: Democracy Litigation in SCOTUS and the States” on Thursday, July 10 from 3:00-4:15pm Central Time!
go.wisc.edu
July 3, 2025 at 3:10 PM
There is still time to register!
Reposted by Bryna Godar
In light of its ruling, the court also dismissed a related case that claimed a near-total-ban on abortion would have violated the Wisconsin Constitution. The decisions leave open the question of whether there is a constitutional right to abortion in the state. www.wicourts.gov/sc/opinion/D...
www.wicourts.gov
July 2, 2025 at 2:09 PM
In light of its ruling, the court also dismissed a related case that claimed a near-total-ban on abortion would have violated the Wisconsin Constitution. The decisions leave open the question of whether there is a constitutional right to abortion in the state. www.wicourts.gov/sc/opinion/D...