Derek Clinger
derekclinger.bsky.social
Derek Clinger
@derekclinger.bsky.social
Senior Staff Attorney, State Democracy Research Initiative at the University of Wisconsin Law School | Ohio State alum | Midwesterner
Reposted by Derek Clinger
🚨BREAKING: A state district court has struck down Utah’s congressional map on the grounds that the legislature illegally repealed 2018 anti-gerrymandering standards approved by voters. State has until 9/24 to adopt new map.
August 26, 2025 at 1:39 AM
Reposted by Derek Clinger
My latest scholarship roundup up for @statecourtreport.org covers interesting new work on state constitutions, state courts, federalism, and more. (Sorry to report that it’s the back-to-school edition!)

statecourtreport.org/our-work/ana...
Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism
Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.
statecourtreport.org
August 21, 2025 at 6:35 PM
Reposted by Derek Clinger
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 6:58 PM
Reposted by Derek Clinger
NEW from me: The GOP megabill will add $171 billion to immigration enforcement and ICE, a gigantic sum that'll pour funds into a vast network of detention + hire thousands of ICE agents and fund sheriffs.

I talked to an expert on just what to expect:

boltsmag.org/how-the-gop-...
How the GOP Megabill Would Turbocharge Local Immigration Enforcement - Bolts
Congress is poised to pour tens of billions of dollars into more immigration detention, private jails, and border operations, plus new ICE partnerships with local police and sheriffs.
boltsmag.org
July 3, 2025 at 4:59 PM
Reposted by Derek Clinger
New: The Wisconsin Supreme Court ruled Wednesday that an 1849 law on abortion was impliedly repealed by later abortion legislation, so it no longer operates as a ban on abortion.

Read the opinion here: www.wicourts.gov/sc/opinion/D...
www.wicourts.gov
July 2, 2025 at 1:19 PM
Reposted by Derek Clinger
@uwlawdemocracy.bsky.social senior staff attorney @derekclinger.bsky.social published a new paper exploring whether Ohio legislators can override voter-approved laws based on the state's constitution: bit.ly/4jHMUDV
April 25, 2025 at 2:04 PM
As Ohio lawmakers consider overhauling a voter-approved initiative legalizing adult-use marijuana, my forthcoming Case Western Reserve Law Review essay argues their power to do so is much more limited than commonly assumed. papers.ssrn.com/sol3/papers....
April 9, 2025 at 8:18 PM
Reposted by Derek Clinger
We've updated our election litigation tracker to cover lawsuits in state & federal courts for 2024. Some takeaways:
> High volume of election litigation continued
> Most suits were in state court
> Majority of cases focused on the voting process
go.wisc.edu/q141gm
Election-Litigation Data: 2018, 2020, 2022, 2024 State and Federal Court Filings
Following the 2024 election, we updated our survey of election-related lawsuits to help understand the role of litigation in our elections. This update underscores key themes from our survey of litiga...
go.wisc.edu
February 17, 2025 at 8:00 PM
Reposted by Derek Clinger
In light of *gestures wildly* all this, a reminder that state constitutions can better protect our rights than federal law. Read & search the full text of your state's at @uwlawdemocracy.bsky.social's 50Constitutions.org, newly updated w/ full constitutional amendment histories for ten states.
Fifty Unique, Ever-Changing State Constitutions
A new resource from the State Democracy Research Initiative makes the current text of all 50 state constitutions available and searchable on one site.
statecourtreport.org
February 12, 2025 at 12:38 AM
Reposted by Derek Clinger
NEW: Voting rights are under threat from all directions in this new era — first and foremost from conservative courts.

Democracy expert extraordinaire @yeargain.bsky.social wrote for us on the 8 big legal battles you should be watching for democracy this year.
boltsmag.org/voting-right...
On Voting Rights, Eight Legal Battles to Watch in 2025
From the continued threats against the Voting Rights Act to new restrictions on mail ballots and voter registration, courts will have a lot of opportunities to shape democracy this year.
boltsmag.org
January 17, 2025 at 3:11 PM
Reposted by Derek Clinger
The outcome of November's NC Supreme Court election is being litigated, with more than 60,000 votes being challenged. This explainer from SDRI’s @ewlau.bsky.social offers background on the dispute and how it made its way to court: statedemocracy.law.wisc.edu/featured/202...
Explainer: North Carolina Supreme Court Election Protest
Emily Lau, Staff Attorney PDF Available Here More than a month after the November 2024 election, the result of the North Carolina Supreme Court race is still uncertain. There have been two recounts—on...
statedemocracy.law.wisc.edu
December 20, 2024 at 8:22 PM
Reposted by Derek Clinger
The partisan asymmetry in 2024 lame-duck sessions is stark.

In North Carolina, Republicans passed a sweeping power grab to take over election admin & strip power from Democrats before losing their gerrymandered supermajority.

In Michigan, a few Dems thwarted the party’s last weeks of unified govt
Thanks to State Representative Karen Whitsett, an anti-abortion, Trump-sympathetic, pro-hydroxychloroquine "Democrat," the Michigan State House's efforts to adopt progressive legislation in the lame duck session is over. Lots of casualties, but the biggest one: no state voting rights act.
Michigan House ends session, won't return until Dec. 31 after days of boycotts
The Michigan House adjourned Thursday until the end of the year following a days-long boycott of session that ended with an hour-long call of the House
www.detroitnews.com
December 19, 2024 at 8:52 PM
Reposted by Derek Clinger
Whoa—the Montana Supreme Court holds that its state constitution protects the right to "a stable climate system," and strikes down a law that barred consideration of greenhouse gas emissions when permitting new fossil fuel projects. juddocumentservice.mt.gov/getDocByCTra...
December 18, 2024 at 6:17 PM
Reposted by Derek Clinger
“Open-Government Nonprofits Are Dying Off Just When They’re Needed Most” electionlawblog.org?p=147845
"Open-Government Nonprofits Are Dying Off Just When They’re Needed Most" #ELB
Daniel Schuman for The Bulwark: OPENSECRETS, THE NONPROFIT RESEARCH ORGANIZATION dedicated to disclosing the role of money in politics, laid off one-third of its staff last month due to financial diff...
electionlawblog.org
December 16, 2024 at 7:13 PM
Reposted by Derek Clinger
“Explainer: Lame-Duck Power Grabs in North Carolina and Beyond” electionlawblog.org?p=147784
"Explainer: Lame-Duck Power Grabs in North Carolina and Beyond" #ELB
New from Derek Clinger at SDRI.
electionlawblog.org
December 11, 2024 at 11:40 PM
Reposted by Derek Clinger
Breaking: The North Carolina Legislature overrode Gov. Cooper’s veto of SB 382, a controversial power grab tied to hurricane relief.

Here’s an explainer from SDRI's @derekclinger.bsky.social analyzing the bill and situating it within similar efforts in NC and beyond: go.wisc.edu/7x7qdf
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Explainer: Lame-Duck Power Grabs in North Carolina and Beyond
Derek Clinger, Senior Staff Attorney PDF Available Here Just weeks after North Carolina Democrats won several prominent statewide offices in the 2024 general election, including governor, lieutenant g...
go.wisc.edu
December 11, 2024 at 9:55 PM