Bryna Godar
@bgodar.bsky.social
Staff Attorney, State Democracy Research Initiative (@uwlawdemocracy.bsky.social)
Reposted by Bryna Godar
Do ICE Officers Have Immunity?
@hannarosin.bsky.social interviews @bgodar.bsky.social of @uwlawdemocracy.bsky.social for @theatlantic.com: "There are several cases where federal courts have recognized that federal officers do not have absolute immunity." www.theatlantic.com/podcasts/202...
@hannarosin.bsky.social interviews @bgodar.bsky.social of @uwlawdemocracy.bsky.social for @theatlantic.com: "There are several cases where federal courts have recognized that federal officers do not have absolute immunity." www.theatlantic.com/podcasts/202...
Do ICE Officers Have ‘Immunity’?
States don’t often prosecute federal officers, but they can.
www.theatlantic.com
January 15, 2026 at 11:23 PM
Do ICE Officers Have Immunity?
@hannarosin.bsky.social interviews @bgodar.bsky.social of @uwlawdemocracy.bsky.social for @theatlantic.com: "There are several cases where federal courts have recognized that federal officers do not have absolute immunity." www.theatlantic.com/podcasts/202...
@hannarosin.bsky.social interviews @bgodar.bsky.social of @uwlawdemocracy.bsky.social for @theatlantic.com: "There are several cases where federal courts have recognized that federal officers do not have absolute immunity." www.theatlantic.com/podcasts/202...
President Trump is threatening to use the Insurrection Act to deploy military to Minnesota. To learn more about the act and its limits, check out this explainer from @brennancenter.org
January 15, 2026 at 3:43 PM
President Trump is threatening to use the Insurrection Act to deploy military to Minnesota. To learn more about the act and its limits, check out this explainer from @brennancenter.org
Reposted by Bryna Godar
1/ Starting a thread to track the DOJ voter data litigation as courts begin hearing these cases. So far, DOJ has sued 23 states + DC for refusing to hand over sensitive voter data like SSNs and driver's license numbers.
My full analysis: statedemocracy.law.wisc.edu/featured/202...
My full analysis: statedemocracy.law.wisc.edu/featured/202...
Explainer: Can the Federal Government Force States to Hand Over Citizens’ Voter Information?
Derek Clinger, Senior Counsel PDF Available Here Published: December 19, 2025 In late October 2025, Michigan Secretary of State Jocelyn Benson released an unusual video message “warning” the state’s r...
statedemocracy.law.wisc.edu
January 14, 2026 at 2:05 PM
1/ Starting a thread to track the DOJ voter data litigation as courts begin hearing these cases. So far, DOJ has sued 23 states + DC for refusing to hand over sensitive voter data like SSNs and driver's license numbers.
My full analysis: statedemocracy.law.wisc.edu/featured/202...
My full analysis: statedemocracy.law.wisc.edu/featured/202...
Reposted by Bryna Godar
BREAKING: Minnesota, Minneapolis, and St. Paul sue Noem and others over DHS immigration enforcement surge in Minnesota, seeking TRO to block the surge and stop unlawful actions detailed in the complaint.
January 12, 2026 at 9:56 PM
BREAKING: Minnesota, Minneapolis, and St. Paul sue Noem and others over DHS immigration enforcement surge in Minnesota, seeking TRO to block the surge and stop unlawful actions detailed in the complaint.
Wrote a piece for @slate.com explaining that states have a long history of prosecuting federal officers when they allegedly use excessive force. Federal officers are only immune from such prosecutions when they act reasonably in carrying out lawful duties.
Minnesota Could Prosecute the ICE Shooter. Trump Can’t Pardon Him.
Shortly after an ICE officer shot and killed a woman in Minneapolis, city leaders began looking into whether the officer had violated state criminal law.
slate.com
January 7, 2026 at 11:29 PM
Wrote a piece for @slate.com explaining that states have a long history of prosecuting federal officers when they allegedly use excessive force. Federal officers are only immune from such prosecutions when they act reasonably in carrying out lawful duties.
Reposted by Bryna Godar
Might be a good time to re-up this @lawfaremedia.org piece by @bgodar.bsky.social
www.lawfaremedia.org/article/are-...
www.lawfaremedia.org/article/are-...
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
January 7, 2026 at 9:45 PM
Might be a good time to re-up this @lawfaremedia.org piece by @bgodar.bsky.social
www.lawfaremedia.org/article/are-...
www.lawfaremedia.org/article/are-...
In case you're wondering, yes, states can prosecute federal officials if they act beyond the scope of their duties, violate federal law, or behave in an egregious or unwarranted manner. More info here: statedemocracy.law.wisc.edu/featured/202...
January 7, 2026 at 7:13 PM
In case you're wondering, yes, states can prosecute federal officials if they act beyond the scope of their duties, violate federal law, or behave in an egregious or unwarranted manner. More info here: statedemocracy.law.wisc.edu/featured/202...
All fifty states have laws criminalizing various forms of corruption. While many are limited to state and local officials, a few states' laws expressly cover federal officials too, potentially offering a pathway for addressing federal corruption.
As the federal government pulls back from policing public corruption, can states help to fill the void? This explainer by @bgodar.bsky.social explores the potential for states to use their own anticorruption laws and other tools to address federal-level corruption. go.wisc.edu/ive401
Explainer: State Tools to Address Federal Corruption
Bryna Godar, Staff Attorney PDF Available Here Published: December 9, 2025 Federal laws and institutions have long played a central role in addressing public corruption. Federal prosecutors have broug...
go.wisc.edu
December 10, 2025 at 4:54 PM
All fifty states have laws criminalizing various forms of corruption. While many are limited to state and local officials, a few states' laws expressly cover federal officials too, potentially offering a pathway for addressing federal corruption.
Justices Ziegler and Bradley dissented from the order granting the petition to hear the case. Justice Hagedorn wrote separately, discussing the "longstanding tradition against public dissents from a grant order" that has eroded in recent years #SCOWIS www.wicourts.gov/sc/order/Dis...
December 3, 2025 at 8:42 PM
Justices Ziegler and Bradley dissented from the order granting the petition to hear the case. Justice Hagedorn wrote separately, discussing the "longstanding tradition against public dissents from a grant order" that has eroded in recent years #SCOWIS www.wicourts.gov/sc/order/Dis...
The case follows rulings in other states where courts have concluded that state law prohibits local law enforcement officers from detaining people solely on the basis of alleged civil immigration violations.
Wisconsin Supreme Court accepts case challenging sheriffs' authority to detain immigrants via @henry-redman.bsky.social wisconsinexaminer.com/briefs/wisco...
Wisconsin Supreme Court accepts case challenging sheriff authority to detain immigrants • Wisconsin Examiner
The Wisconsin Supreme Court agreed to hear a lawsuit against the ability of county sheriffs to detain migrants on behalf of ICE.
wisconsinexaminer.com
December 3, 2025 at 8:39 PM
The case follows rulings in other states where courts have concluded that state law prohibits local law enforcement officers from detaining people solely on the basis of alleged civil immigration violations.
Reposted by Bryna Godar
Hello! @adamsopko.bsky.social and I have been working on a proposal to charter an AALS Section on State Constitutional Law. We believe that such a section is long overdue and that it is urgent to foster scholarly community and support in a growing discipline. Links to support this effort below: ⬇️
December 1, 2025 at 3:14 PM
Hello! @adamsopko.bsky.social and I have been working on a proposal to charter an AALS Section on State Constitutional Law. We believe that such a section is long overdue and that it is urgent to foster scholarly community and support in a growing discipline. Links to support this effort below: ⬇️
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...