Douglas Keith
@douglaskeith.bsky.social
@BrennanCenter.org, focus on courts + state constitutions. Co-founding editor @StateCourtReport.org. Dad.
Reposted by Douglas Keith
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...
Reposted by Douglas Keith
The FBI sniper at Ruby Ridge was prosecuted by Idaho. The federal district court initially dismissed the charges but was overruled by the Ninth Circuit, allowing it to proceed. The case only ended when a new district attorney was elected and decided to drop it.
Remember: Federal officials do not enjoy categorical, absolute immunity from state-level prosecutions. They are entitled to removal to federal court. But conduct that is unreasonable or unnecessary for the execution of their law enforcement duties is susceptible to criminal prosecution.
January 7, 2026 at 6:30 PM
The FBI sniper at Ruby Ridge was prosecuted by Idaho. The federal district court initially dismissed the charges but was overruled by the Ninth Circuit, allowing it to proceed. The case only ended when a new district attorney was elected and decided to drop it.
Reposted by Douglas Keith
Remember: Federal officials do not enjoy categorical, absolute immunity from state-level prosecutions. They are entitled to removal to federal court. But conduct that is unreasonable or unnecessary for the execution of their law enforcement duties is susceptible to criminal prosecution.
January 7, 2026 at 5:47 PM
Remember: Federal officials do not enjoy categorical, absolute immunity from state-level prosecutions. They are entitled to removal to federal court. But conduct that is unreasonable or unnecessary for the execution of their law enforcement duties is susceptible to criminal prosecution.
Reposted by Douglas Keith
Happy birthday to the nation’s FIRST state constitution! Nathaniel Fouch tells the story of New Hampshire’s first effort at constitution-making 250 years ago. An important part of our national story and the spirit of ‘76. statecourtreport.org/our-work/ana...
The Story of the First State Constitution
New Hampshire’s 1776 constitution and the story behind it set the stage for subsequent state constitutions over the next 250 years.
statecourtreport.org
January 5, 2026 at 4:38 PM
Happy birthday to the nation’s FIRST state constitution! Nathaniel Fouch tells the story of New Hampshire’s first effort at constitution-making 250 years ago. An important part of our national story and the spirit of ‘76. statecourtreport.org/our-work/ana...
Reposted by Douglas Keith
(1/16) 🧵🧵🧵@statecourtreport.org just published its annual year-end feature! Top legal thinkers tell us which cases from the last 12 months you all should know about.
Dang — it's been a year.
Topics include ICE action, executing innocent people, gerrymandering, and way more.
@brennancenter.org
Dang — it's been a year.
Topics include ICE action, executing innocent people, gerrymandering, and way more.
@brennancenter.org
2025’s Most Significant State Constitutional Cases
Leading legal thinkers weighed in on the state constitutional rulings our readers should know about from this past year.
statecourtreport.org
December 23, 2025 at 4:01 PM
(1/16) 🧵🧵🧵@statecourtreport.org just published its annual year-end feature! Top legal thinkers tell us which cases from the last 12 months you all should know about.
Dang — it's been a year.
Topics include ICE action, executing innocent people, gerrymandering, and way more.
@brennancenter.org
Dang — it's been a year.
Topics include ICE action, executing innocent people, gerrymandering, and way more.
@brennancenter.org
Reposted by Douglas Keith
What state constitutional case from 2025 should our readers know about, and why?
We asked some of the country’s leading legal thinkers, and their answers highlight the myriad ways state courts can chart their own jurisprudential courses.
A must read piece to wrap up the year!
We asked some of the country’s leading legal thinkers, and their answers highlight the myriad ways state courts can chart their own jurisprudential courses.
A must read piece to wrap up the year!
2025’s Most Significant State Constitutional Cases
Leading legal thinkers weighed in on the state constitutional rulings our readers should know about from this past year.
statecourtreport.org
December 18, 2025 at 3:45 PM
What state constitutional case from 2025 should our readers know about, and why?
We asked some of the country’s leading legal thinkers, and their answers highlight the myriad ways state courts can chart their own jurisprudential courses.
A must read piece to wrap up the year!
We asked some of the country’s leading legal thinkers, and their answers highlight the myriad ways state courts can chart their own jurisprudential courses.
A must read piece to wrap up the year!
Reposted by Douglas Keith
⏰NEW RESOURCE: In Countering Originalism: A Guide for Litigators, @sam-breidbart.bsky.social, @cisozaki.bsky.social, and I offer lawyers the strategies, arguments, and citations that they need to push back against originalist claims they encounter in court 🧵⬇️
www.brennancenter.org/our-work/res...
www.brennancenter.org/our-work/res...
Countering Originalism
This guide offers lawyers strategies, arguments, and citations to address originalist claims they encounter in litigation.
www.brennancenter.org
December 11, 2025 at 1:21 PM
⏰NEW RESOURCE: In Countering Originalism: A Guide for Litigators, @sam-breidbart.bsky.social, @cisozaki.bsky.social, and I offer lawyers the strategies, arguments, and citations that they need to push back against originalist claims they encounter in court 🧵⬇️
www.brennancenter.org/our-work/res...
www.brennancenter.org/our-work/res...
Reposted by Douglas Keith
The Illinois Bivens Act is now law - people can sue under state law for ICE’s constitutional violations. Which state is next? When the feds fall down on their obligations to protect people’s rights, it is time for states to step up.
gov-pritzker-newsroom.prezly.com/gov-pritzker...
gov-pritzker-newsroom.prezly.com/gov-pritzker...
Gov. Pritzker Signs Bill to Protect Immigrants from Unjust Federal Actions
HB 1312 enacts protections for immigrants as the Trump Administration terrorizes Illinois communities
gov-pritzker-newsroom.prezly.com
December 9, 2025 at 7:41 PM
The Illinois Bivens Act is now law - people can sue under state law for ICE’s constitutional violations. Which state is next? When the feds fall down on their obligations to protect people’s rights, it is time for states to step up.
gov-pritzker-newsroom.prezly.com/gov-pritzker...
gov-pritzker-newsroom.prezly.com/gov-pritzker...
Reposted by Douglas Keith
The Utah Supreme Court is forcing Utah Republican lawmakers to comply with an anti-gerrymandering law that voters passed in 2018. In a wild coincidence, Utah Republican Governor Spencer Cox is suddenly VERY enthusiastic about adding justices to the Utah Supreme Court
Utah Republicans Are Declaring War On the Utah Supreme Court
Utah Republicans are responding to losses at the Utah Supreme Court by punishing the justices who keep standing in their way.
ballsandstrikes.org
December 4, 2025 at 4:52 PM
The Utah Supreme Court is forcing Utah Republican lawmakers to comply with an anti-gerrymandering law that voters passed in 2018. In a wild coincidence, Utah Republican Governor Spencer Cox is suddenly VERY enthusiastic about adding justices to the Utah Supreme Court
Reposted by Douglas Keith
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 Douglas Keith
NEW: I wrote for @statecourtreport.org about the important role *state* law plays in immigration enforcement, and some ongoing litigation in WI, NY, and CA that will shape the relationship between ICE and the states and localities in which it operates. statecourtreport.org/our-work/ana...
State Challenges to Immigration Enforcement Practices
Recent lawsuits in Wisconsin, New York, and California explore questions about the role of state law in federal immigration enforcement.
statecourtreport.org
November 20, 2025 at 8:55 PM
NEW: I wrote for @statecourtreport.org about the important role *state* law plays in immigration enforcement, and some ongoing litigation in WI, NY, and CA that will shape the relationship between ICE and the states and localities in which it operates. statecourtreport.org/our-work/ana...
Reposted by Douglas Keith
State supreme courts are still overwhelmingly white & male
⚖️ 18 states: 0 justices of color
⚖️ 47 states + DC: 0 Native American justices
⚖️ 42 states: 0 Asian American justices
⚖️ 39 + DC: 0 Latino justices
⚖️ 24 states: 0 Black justices
New @brennancenter.org analysis below👇👇
⚖️ 18 states: 0 justices of color
⚖️ 47 states + DC: 0 Native American justices
⚖️ 42 states: 0 Asian American justices
⚖️ 39 + DC: 0 Latino justices
⚖️ 24 states: 0 Black justices
New @brennancenter.org analysis below👇👇
State Supreme Court Diversity - November 2025 Update
Many state supreme courts lack diversity in terms of their justices’ race, ethnicity, gender, and professional background.
www.brennancenter.org
November 18, 2025 at 7:47 PM
State supreme courts are still overwhelmingly white & male
⚖️ 18 states: 0 justices of color
⚖️ 47 states + DC: 0 Native American justices
⚖️ 42 states: 0 Asian American justices
⚖️ 39 + DC: 0 Latino justices
⚖️ 24 states: 0 Black justices
New @brennancenter.org analysis below👇👇
⚖️ 18 states: 0 justices of color
⚖️ 47 states + DC: 0 Native American justices
⚖️ 42 states: 0 Asian American justices
⚖️ 39 + DC: 0 Latino justices
⚖️ 24 states: 0 Black justices
New @brennancenter.org analysis below👇👇
Reposted by Douglas Keith
Check out my latest @brennancenter.org report:
⚖️18 states: 0 justices of color
⚖️47 states + DC: 0 Native American justices
⚖️42 states: 0 Asian American justices
⚖️39 + DC: 0 Latino justices
⚖️24 states: 0 Black justices
Bottom line? States high courts still fail to reflect the communities they serve
⚖️18 states: 0 justices of color
⚖️47 states + DC: 0 Native American justices
⚖️42 states: 0 Asian American justices
⚖️39 + DC: 0 Latino justices
⚖️24 states: 0 Black justices
Bottom line? States high courts still fail to reflect the communities they serve
Judges from diverse demographic and professional backgrounds can reduce bias, improve decision-making, and build public trust. Yet in 18 states, there are no justices of color — including 12 where people of color make up at least 20% of the population. bit.ly/3JW6lN6
State Supreme Court Diversity - November 2025 Update
Many state supreme courts lack diversity in terms of their justices’ race, ethnicity, gender, and professional background.
www.brennancenter.org
November 18, 2025 at 7:57 PM
Check out my latest @brennancenter.org report:
⚖️18 states: 0 justices of color
⚖️47 states + DC: 0 Native American justices
⚖️42 states: 0 Asian American justices
⚖️39 + DC: 0 Latino justices
⚖️24 states: 0 Black justices
Bottom line? States high courts still fail to reflect the communities they serve
⚖️18 states: 0 justices of color
⚖️47 states + DC: 0 Native American justices
⚖️42 states: 0 Asian American justices
⚖️39 + DC: 0 Latino justices
⚖️24 states: 0 Black justices
Bottom line? States high courts still fail to reflect the communities they serve
Last night a federal judge rejected the Trump Administration's challenge to NY's Protect Our Courts Act, a law prohibiting ICE officers from making immigration arrests in NY's courthouses.
The ruling is a very significant one for a few reasons /?
www.courtlistener.com/docket/70522...
The ruling is a very significant one for a few reasons /?
www.courtlistener.com/docket/70522...
Order on Motion to Dismiss for Failure to State a Claim – #66 in United States v. State of New York (N.D.N.Y., 1:25-cv-00744) – CourtListener.com
MEMORANDUM-DECISION AND ORDER granting 11 Motion to Dismiss for Failure to State a Claim: The Court hereby ORDERS that Defendants' motion to dismiss (Dkt. No. 11) is GRANTED; and the Court further ORD...
www.courtlistener.com
November 18, 2025 at 3:58 PM
Last night a federal judge rejected the Trump Administration's challenge to NY's Protect Our Courts Act, a law prohibiting ICE officers from making immigration arrests in NY's courthouses.
The ruling is a very significant one for a few reasons /?
www.courtlistener.com/docket/70522...
The ruling is a very significant one for a few reasons /?
www.courtlistener.com/docket/70522...
A carefully written opinion by Judge D'Agostino, but one key takeaway is this: States *can* put constraints on how ICE operates
NEW: Judge dismisses the Trump Admin's challenge to NY's Protect Our Courts Act, a law prohibiting immigration arrests at NY's courthouses!
This is an important response to those who say states can't hold ICE officers accountable to the law.
www.courtlistener.com/docket/70522...
This is an important response to those who say states can't hold ICE officers accountable to the law.
www.courtlistener.com/docket/70522...
Order on Motion to Dismiss for Failure to State a Claim – #66 in United States v. State of New York (N.D.N.Y., 1:25-cv-00744) – CourtListener.com
Order on Motion to Dismiss for Failure to State a Claim
www.courtlistener.com
November 18, 2025 at 1:53 PM
A carefully written opinion by Judge D'Agostino, but one key takeaway is this: States *can* put constraints on how ICE operates
NEW: Judge dismisses the Trump Admin's challenge to NY's Protect Our Courts Act, a law prohibiting immigration arrests at NY's courthouses!
This is an important response to those who say states can't hold ICE officers accountable to the law.
www.courtlistener.com/docket/70522...
This is an important response to those who say states can't hold ICE officers accountable to the law.
www.courtlistener.com/docket/70522...
Order on Motion to Dismiss for Failure to State a Claim – #66 in United States v. State of New York (N.D.N.Y., 1:25-cv-00744) – CourtListener.com
Order on Motion to Dismiss for Failure to State a Claim
www.courtlistener.com
November 18, 2025 at 1:35 AM
NEW: Judge dismisses the Trump Admin's challenge to NY's Protect Our Courts Act, a law prohibiting immigration arrests at NY's courthouses!
This is an important response to those who say states can't hold ICE officers accountable to the law.
www.courtlistener.com/docket/70522...
This is an important response to those who say states can't hold ICE officers accountable to the law.
www.courtlistener.com/docket/70522...
Reposted by Douglas Keith
ATTORNEYS: Do you like state courts, appellate litigation, and… winning sometimes? The ACLU’s State Supreme Court Initiative is hiring for a 2-year attorney position!
Apply here: www.aclu.org/careers/appl...
Apply here: www.aclu.org/careers/appl...
Careers at ACLU
Join our team! We’re looking for committed, passionate people for open roles at the ACLU.
www.aclu.org
November 5, 2025 at 2:40 PM
ATTORNEYS: Do you like state courts, appellate litigation, and… winning sometimes? The ACLU’s State Supreme Court Initiative is hiring for a 2-year attorney position!
Apply here: www.aclu.org/careers/appl...
Apply here: www.aclu.org/careers/appl...
Reposted by Douglas Keith
News: Three Pennsylvania Supreme Court justices first elected as Democrats have won new terms in a race marked by millions of interest group spending and increased polarization of what were previously pro forma affairs.
November 5, 2025 at 3:08 AM
News: Three Pennsylvania Supreme Court justices first elected as Democrats have won new terms in a race marked by millions of interest group spending and increased polarization of what were previously pro forma affairs.
Reposted by Douglas Keith
Happy election day 🗳️ to my state-side friends! And while you're in line for the polls (or relaxing on your couch because you voted early!), check out my latest case trends piece on some recent cases in the states that are shaping election processes and the constitutional right to vote 👇👇👇
NEW: State constitutions and state high courts are central in defining how, and by whom, elections are run — and who gets to participate in them. Check out @cisozaki.bsky.social’s Election Day 2025 edition of our series on state constitutional trends.
Case Trends: State Courts Shape the Right to Vote
State high courts continue to settle disputes over voting and election processes, including obstacles to by-mail voting — and to define the right to vote under their own constitutions.
statecourtreport.org
November 4, 2025 at 9:43 PM
Happy election day 🗳️ to my state-side friends! And while you're in line for the polls (or relaxing on your couch because you voted early!), check out my latest case trends piece on some recent cases in the states that are shaping election processes and the constitutional right to vote 👇👇👇
Impressive to see Illinois pass a law very similar to New York's Protect Our Courts Act, which the Administration is currently challenging on Supremacy Clause grounds
apnews.com/article/immi...
apnews.com/article/immi...
Illinois lawmakers approve ban on immigration arrests near courthouses
Illinois lawmakers have approved legislation prohibiting immigration arrests near courthouses. The measure adopted Friday also allows lawsuits by people who believe their constitutional rights were vi...
apnews.com
November 4, 2025 at 9:03 PM
Impressive to see Illinois pass a law very similar to New York's Protect Our Courts Act, which the Administration is currently challenging on Supremacy Clause grounds
apnews.com/article/immi...
apnews.com/article/immi...
This update puts my total spending estimate around $20.5 million - the most expensive state supreme court retention election in decades and possibly ever.
Overwhelming majority of that money is pro-retention
Overwhelming majority of that money is pro-retention
Update: Independent expenditures on retention are now at $8.6 million and counting, per the DoS system. The newest addition is approximately $3 million in spending by Commonwealth Partners, the Yass-linked dark money group, on TV, mail, digital and texting opposing the justices.
Update: Reported IE spending jumped to $5 million overnight because Citizens for Term Limits is now in the system. It's first and only report so far is for $1.8 million in TV, digital, mail and text advertising against retention dated to 9/16/25 from Matt Brouillette.
November 3, 2025 at 2:55 PM
This update puts my total spending estimate around $20.5 million - the most expensive state supreme court retention election in decades and possibly ever.
Overwhelming majority of that money is pro-retention
Overwhelming majority of that money is pro-retention
In a week we’ll know whether voters gave three Pennsylvania Supreme Court justices another term on the court – but the spending in the race already tells us a lot about the politics of state courts today 1/
October 30, 2025 at 4:11 PM
In a week we’ll know whether voters gave three Pennsylvania Supreme Court justices another term on the court – but the spending in the race already tells us a lot about the politics of state courts today 1/
I track spending in state supreme court races, and PA's races are some of the hardest to track in the country. Thanks to @spotlightpa.org for explaining why.
Despite weeks of ads on Pennsylvania's Supreme Court retention elections, public reports are missing some big political spenders. The culprit? The state's loophole ridden system for reporting independent political spending.
www.spotlightpa.org/news/2025/10...
www.spotlightpa.org/news/2025/10...
Why PA Supreme Court retention race spending is hard to track
Blame it on a mix of lagging reporting, weakly enforced rules, and a campaign finance system that requires little transparency.
www.spotlightpa.org
October 29, 2025 at 12:46 PM
I track spending in state supreme court races, and PA's races are some of the hardest to track in the country. Thanks to @spotlightpa.org for explaining why.
Reposted by Douglas Keith
Pennsylvania supreme court retention elections are the most expensive retention campaign in decades, but recent spending makes it seem like the Vote No campaign is quietly disengaging.
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
October 27, 2025 at 2:03 PM
Pennsylvania supreme court retention elections are the most expensive retention campaign in decades, but recent spending makes it seem like the Vote No campaign is quietly disengaging.
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
Pennsylvania supreme court retention elections are the most expensive retention campaign in decades, but recent spending makes it seem like the Vote No campaign is quietly disengaging.
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
October 27, 2025 at 2:03 PM
Pennsylvania supreme court retention elections are the most expensive retention campaign in decades, but recent spending makes it seem like the Vote No campaign is quietly disengaging.
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings
No new TV buys, or active social media ads, by the leading "No" group, and less spending in other official filings