State Court Report
@statecourtreport.org
State Court Report is a nonpartisan news source, resource, and commentary hub covering state constitutional developments in high courts across the 50 states. Visit StateCourtReport.org.
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State Court Report
@statecourtreport.org
· Nov 15
State Court Report
Cases, courts, and constitutions across the 50 states.
statecourtreport.org
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
BREAKING: The Wyoming Supreme Court struck down the state’s abortion bans, finding that the choice to terminate a pregnancy is a healthcare decision protected by the state constitution’s healthcare freedom amendment, and that “strict scrutiny” applies to laws restricting those decisions.
January 6, 2026 at 8:23 PM
BREAKING: The Wyoming Supreme Court struck down the state’s abortion bans, finding that the choice to terminate a pregnancy is a healthcare decision protected by the state constitution’s healthcare freedom amendment, and that “strict scrutiny” applies to laws restricting those decisions.
NEW: The January edition of @skess108.bsky.social & @erings.bsky.social's state court oral argument roundup is here!
Issues on the docket this month include:
⚖️ UT's execution methods
⚖️ ID's school-choice program
⚖️ Legislative responses to MO’s voter-approved abortion rights amendment
And more!
Issues on the docket this month include:
⚖️ UT's execution methods
⚖️ ID's school-choice program
⚖️ Legislative responses to MO’s voter-approved abortion rights amendment
And more!
State Court Oral Arguments to Watch for in January
Issues on the dockets include legislative responses to Missouri’s voter-approved reproductive rights amendment, Utah’s execution methods, and Idaho’s school-choice program.
statecourtreport.org
January 6, 2026 at 3:45 PM
NEW: The January edition of @skess108.bsky.social & @erings.bsky.social's state court oral argument roundup is here!
Issues on the docket this month include:
⚖️ UT's execution methods
⚖️ ID's school-choice program
⚖️ Legislative responses to MO’s voter-approved abortion rights amendment
And more!
Issues on the docket this month include:
⚖️ UT's execution methods
⚖️ ID's school-choice program
⚖️ Legislative responses to MO’s voter-approved abortion rights amendment
And more!
NEW: On this day 250 years ago, NH adopted the nation's very first constitution, inaugurating what historian Gordon S. Wood called “the most creative and significant period of constitutionalism in modern Western history.” Nathaniel Fouch tells the story in our first state constitution essay of 2026.
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 5:17 PM
NEW: On this day 250 years ago, NH adopted the nation's very first constitution, inaugurating what historian Gordon S. Wood called “the most creative and significant period of constitutionalism in modern Western history.” Nathaniel Fouch tells the story in our first state constitution essay of 2026.
Reposted by State Court Report
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...
While America’s population continued to become more diverse in 2025, the highest courts in each state remained overwhelmingly white and male. May the courts deciding some of the country’s most important legal questions grow more representative of the communities they serve in this new year.
Why We Should Care About Diversity on the Bench
New data shows women and people of color are underrepresented on state high courts.
statecourtreport.org
January 2, 2026 at 9:16 PM
While America’s population continued to become more diverse in 2025, the highest courts in each state remained overwhelmingly white and male. May the courts deciding some of the country’s most important legal questions grow more representative of the communities they serve in this new year.
As we reflect on this year's most notable state constitutional cases, @cisozaki.bsky.social's series on 2025 case trends highlights how state courts have been dealing with a range of issues, from the right to vote, to reproductive and transgender rights, to Covid-19 policies. Check it out: 🧵
2025 was a big year for state con law, and @statecourtreport.org asked some of the country's top legal thinkers what they thought were the most significant state constitutional cases of the year. Check out their answers! statecourtreport.org/our-work/ana...
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 31, 2025 at 8:06 PM
As we reflect on this year's most notable state constitutional cases, @cisozaki.bsky.social's series on 2025 case trends highlights how state courts have been dealing with a range of issues, from the right to vote, to reproductive and transgender rights, to Covid-19 policies. Check it out: 🧵
"95% of cases are filed in state court...Most laws that affect your life...are affected by what happens in state courts and state constitutions. And yet, most people don't even know their state has a constitution."
Subscribe to State Court Report to learn more: go.statecourtreport.org/subscribe.
Subscribe to State Court Report to learn more: go.statecourtreport.org/subscribe.
December 30, 2025 at 6:33 PM
"95% of cases are filed in state court...Most laws that affect your life...are affected by what happens in state courts and state constitutions. And yet, most people don't even know their state has a constitution."
Subscribe to State Court Report to learn more: go.statecourtreport.org/subscribe.
Subscribe to State Court Report to learn more: go.statecourtreport.org/subscribe.
Reposted by State Court Report
Annnnd hitting for Margolis is her co-author, here to say, @elliemargolis.bsky.social and I wrote an article about this very exact precise thing! And you can have it FOR FREE! papers.ssrn.com/sol3/papers....
What Law Schools Teach When They Don’t Teach About State Constitutions
State constitutional law has always been an essential component of federalism and a key to understanding the fabric of American law. It is even more important t
papers.ssrn.com
December 29, 2025 at 4:03 AM
Annnnd hitting for Margolis is her co-author, here to say, @elliemargolis.bsky.social and I wrote an article about this very exact precise thing! And you can have it FOR FREE! papers.ssrn.com/sol3/papers....
Reposted by State Court Report
Five states legalized abortion before Roe.
The northeast legalized gay marriage before Obergfell.
Half the states adopted the exclusionary rule before Mapp.
States have invalidates sentencing laws upheld by SCOTUS under their own 8A equivalents.
Etc etc etc etc.
The northeast legalized gay marriage before Obergfell.
Half the states adopted the exclusionary rule before Mapp.
States have invalidates sentencing laws upheld by SCOTUS under their own 8A equivalents.
Etc etc etc etc.
“SCOTUS only sets the floor” is worth remembering in a lot of different contexts.
Feel like it’s important to note here that SCOTUS’s only job here is setting the floor.
If future Fed admins don’t want to let this happen, they can put it in the contract.
And if POTUS won’t do that, Congress can pass a law that requires pay.
This is a case that is easy to negate SCOTUS on.
If future Fed admins don’t want to let this happen, they can put it in the contract.
And if POTUS won’t do that, Congress can pass a law that requires pay.
This is a case that is easy to negate SCOTUS on.
December 29, 2025 at 2:43 AM
Five states legalized abortion before Roe.
The northeast legalized gay marriage before Obergfell.
Half the states adopted the exclusionary rule before Mapp.
States have invalidates sentencing laws upheld by SCOTUS under their own 8A equivalents.
Etc etc etc etc.
The northeast legalized gay marriage before Obergfell.
Half the states adopted the exclusionary rule before Mapp.
States have invalidates sentencing laws upheld by SCOTUS under their own 8A equivalents.
Etc etc etc etc.
What state constitutional rulings in 2025 should you know about? @law.ucla.edu Dean Erwin Chemerinsky thinks Kaul v. Urmanski (where WI's high court held that an 1849 law couldn't be used to prohibit abortions) can provide important guidance to courts in other states with "zombie laws" on the books.
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 29, 2025 at 9:00 PM
What state constitutional rulings in 2025 should you know about? @law.ucla.edu Dean Erwin Chemerinsky thinks Kaul v. Urmanski (where WI's high court held that an 1849 law couldn't be used to prohibit abortions) can provide important guidance to courts in other states with "zombie laws" on the books.
Reposted by State Court Report
This is only a small taste of State Court Report's fantastic 2025 coverage. And if you've gotten this far, you might also enjoy @statecourtreport.org's free newsletter. Sign up to receive our coverage of state cases, trends, scholarship, and more! /fin go.statecourtreport.org/subscribe
Subscribe to the State Court Report Newsletter
go.statecourtreport.org
December 29, 2025 at 4:32 PM
This is only a small taste of State Court Report's fantastic 2025 coverage. And if you've gotten this far, you might also enjoy @statecourtreport.org's free newsletter. Sign up to receive our coverage of state cases, trends, scholarship, and more! /fin go.statecourtreport.org/subscribe
Reposted by State Court Report
State Court Report also covered how Trump administration policies interact with longstanding federalism principles. Meryl Chertoff wrote about the administration's "unprecedented" quid pro quo approach to disaster relief. /5 statecourtreport.org/our-work/ana...
Trump’s Threats to Withhold Disaster Relief Undermine Federalism Principles
The administration’s attempt to extract promises from states in exchange for federal funds also disregards established law preventing federal overreach into state matters.
statecourtreport.org
December 29, 2025 at 4:32 PM
State Court Report also covered how Trump administration policies interact with longstanding federalism principles. Meryl Chertoff wrote about the administration's "unprecedented" quid pro quo approach to disaster relief. /5 statecourtreport.org/our-work/ana...
Reposted by State Court Report
This summer I wrote about how SCOTUS could weaken the Voting Rights Act. State laws (and courts) would be even more important, but they're no substitute for a strong nat'l standard. And a ruling that limits race-conscious remedies will impact states too. /4 statecourtreport.org/our-work/ana...
What Happens if the U.S. Supreme Court Guts the Voting Rights Act?
State provisions could help fill a voting rights gap, but they are a poor substitute for a strong federal standard.
statecourtreport.org
December 29, 2025 at 4:32 PM
This summer I wrote about how SCOTUS could weaken the Voting Rights Act. State laws (and courts) would be even more important, but they're no substitute for a strong nat'l standard. And a ruling that limits race-conscious remedies will impact states too. /4 statecourtreport.org/our-work/ana...
Reposted by State Court Report
One of the very first things we published on State Court Report was Professor John Dinan's must-read explainer about state constitutional amendment processes. I still refer to it all the time, and apparently so do our readers. /3 statecourtreport.org/our-work/ana...
Constitutional Amendment Processes in the 50 States
States offer multiple paths for amending their constitutions, which are much easier to change than the federal Constitution.
statecourtreport.org
December 29, 2025 at 4:32 PM
One of the very first things we published on State Court Report was Professor John Dinan's must-read explainer about state constitutional amendment processes. I still refer to it all the time, and apparently so do our readers. /3 statecourtreport.org/our-work/ana...
Reposted by State Court Report
Both Pennsylvania and Wisconsin had high-stakes (and high-cost) judicial elections this year. @douglaskeith.bsky.social previewed the PA election and some of the issues likely to land on the court's docket - including election cases and abortion access. /2 statecourtreport.org/our-work/ana...
Everything You Need to Know About Next Month’s High-Stakes Supreme Court Elections in Pennsylvania
Three justices will face an up or down vote in November, the outcome of which is likely to impact the midterms.
statecourtreport.org
December 29, 2025 at 4:32 PM
Both Pennsylvania and Wisconsin had high-stakes (and high-cost) judicial elections this year. @douglaskeith.bsky.social previewed the PA election and some of the issues likely to land on the court's docket - including election cases and abortion access. /2 statecourtreport.org/our-work/ana...
Reposted by State Court Report
I looked up some of 2025's most-read stories on @statecourtreport.org. It's an interesting mix! Post-Dobbs, a big question has been the scope of exceptions to abortion bans for medical emergencies. @maryrziegler.bsky.social analyzed the cases & issues to watch./1 statecourtreport.org/our-work/ana...
In States with Abortion Bans, When Does a Medical Emergency Trigger an Exception?
Doctors have delayed life-saving care out of confusion over exceptions to strict abortion bans. State courts are being asked to clarify the laws.
statecourtreport.org
December 29, 2025 at 4:32 PM
I looked up some of 2025's most-read stories on @statecourtreport.org. It's an interesting mix! Post-Dobbs, a big question has been the scope of exceptions to abortion bans for medical emergencies. @maryrziegler.bsky.social analyzed the cases & issues to watch./1 statecourtreport.org/our-work/ana...
For @marcusagadson.bsky.social, Judge Jefferson Griffin’s effort to discard 1000s of lawfully cast ballots in 2024's NC Supreme Court election was 2025's most consequential state court case.
Read more in our year-end roundup of state constitutional cases you should know about.
Read more in our year-end roundup of state constitutional cases you should know about.
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 26, 2025 at 10:48 PM
For @marcusagadson.bsky.social, Judge Jefferson Griffin’s effort to discard 1000s of lawfully cast ballots in 2024's NC Supreme Court election was 2025's most consequential state court case.
Read more in our year-end roundup of state constitutional cases you should know about.
Read more in our year-end roundup of state constitutional cases you should know about.
Reposted by State Court Report
Also, here's a blog post I wrote about the case when it came out. (I had been watching a lot of le Carre at the time.) 6/6
ij.org/cje-post/tin...
ij.org/cje-post/tin...
Tinker, Tailor, Soldier, Lord Chancellor - Institute for Justice
State constitutions give courts equitable powers. To understand what those are it helps to learn a bit about the Lord Chancellor.
ij.org
December 23, 2025 at 4:20 PM
Also, here's a blog post I wrote about the case when it came out. (I had been watching a lot of le Carre at the time.) 6/6
ij.org/cje-post/tin...
ij.org/cje-post/tin...
Reposted by State Court Report
Whether state courts can still issue universal injunctions—a frequent tool in public interest work—will depend on their own interpretation of how “equity” is treated in state constitutions. 5/
December 23, 2025 at 4:18 PM
Whether state courts can still issue universal injunctions—a frequent tool in public interest work—will depend on their own interpretation of how “equity” is treated in state constitutions. 5/
Reposted by State Court Report
This year SCOTUS threw out the ability of federal courts to grant “universal injunctions” under its reading of “equity” in federal law. But that conclusion does not bind how states interpret their own grants of equity jurisdiction. . . . 4/
December 23, 2025 at 4:16 PM
This year SCOTUS threw out the ability of federal courts to grant “universal injunctions” under its reading of “equity” in federal law. But that conclusion does not bind how states interpret their own grants of equity jurisdiction. . . . 4/
Reposted by State Court Report
The judges split, and all examined the Iowa Constitution’s separation of powers and grant of judicial power. This included the nature of equitable powers. The case reminds us that state constitutions, like the federal, explicitly provide for “the judicial power” including “equity.” . . . 3/
December 23, 2025 at 4:16 PM
The judges split, and all examined the Iowa Constitution’s separation of powers and grant of judicial power. This included the nature of equitable powers. The case reminds us that state constitutions, like the federal, explicitly provide for “the judicial power” including “equity.” . . . 3/
Reposted by State Court Report
My pick is not terribly important on its own but as a harbinger for the future of public interest litigation. It is Rivas v. Brownell, from the Iowa Supreme Court. The case itself concerned the court’s authority to extend certain deadlines during the COVID pandemic. . . . 2/
December 23, 2025 at 4:15 PM
My pick is not terribly important on its own but as a harbinger for the future of public interest litigation. It is Rivas v. Brownell, from the Iowa Supreme Court. The case itself concerned the court’s authority to extend certain deadlines during the COVID pandemic. . . . 2/
Reposted by State Court Report
Full disclosure: Kasia was sad I chose this last-minute ruling that my colleagues are litigating when I had just sent in a draft for a different case. For posterity (and FWIW, which probably isn't much) I'm posting here that cutting-room-floor summary of an equitable powers case from Iowa.🧵1/
(12/16) @ijsanders.bsky.social chose a PA appellate case rejecting #SCOTUS precedent that lets cities inspect rental properties without evidence that anything is wrong with the property.
The PA case "puts cities on notice that you don’t lose your privacy rights just because you rent your home."
The PA case "puts cities on notice that you don’t lose your privacy rights just because you rent your home."
Rivera v. Borough of Pottstown
Pennsylvania appellate court ruled that administrative warrants for rental home inspections must have individualized probable cause to satisfy the state's search and seizure clause, exceeding the fede...
statecourtreport.org
December 23, 2025 at 4:15 PM
Full disclosure: Kasia was sad I chose this last-minute ruling that my colleagues are litigating when I had just sent in a draft for a different case. For posterity (and FWIW, which probably isn't much) I'm posting here that cutting-room-floor summary of an equitable powers case from Iowa.🧵1/
Reposted by State Court Report
(16/16) Finally, I picked one! Plz read TX judge David Schenck's forceful concurrence saying it should be easier for people facing execution to challenge their convictions based on innocence.
Unfun fact: #SCOTUS seems to think it's ok to execute someone even if they are likely innocent.
Unfun fact: #SCOTUS seems to think it's ok to execute someone even if they are likely innocent.
Ex Parte David Leonard Wood
Texas Court of Criminal Appeals remanded subsequent habeas petition for development of actual innocence claim. Concurrence would hold that state constitution's distinctive protections against erroneou...
statecourtreport.org
December 23, 2025 at 4:01 PM
(16/16) Finally, I picked one! Plz read TX judge David Schenck's forceful concurrence saying it should be easier for people facing execution to challenge their convictions based on innocence.
Unfun fact: #SCOTUS seems to think it's ok to execute someone even if they are likely innocent.
Unfun fact: #SCOTUS seems to think it's ok to execute someone even if they are likely innocent.
Reposted by State Court Report
(15/16) @reprorights.org's Amy Myrick made an important point: Procedure can stand in the way of abortion rights.
E.g., 3 of 5 ND justices said an abortion ban was unconstitutional. But too bad: ND has a rule that laws can only be struck down via supermajority.
E.g., 3 of 5 ND justices said an abortion ban was unconstitutional. But too bad: ND has a rule that laws can only be struck down via supermajority.
Access Independent Health Services v. Wrigley
North Dakota Supreme Court upheld state's abortion ban despite three of five justices concluding a health-risk exception was unconstitutionally vague, because the state constitution requires four just...
statecourtreport.org
December 23, 2025 at 4:01 PM
(15/16) @reprorights.org's Amy Myrick made an important point: Procedure can stand in the way of abortion rights.
E.g., 3 of 5 ND justices said an abortion ban was unconstitutional. But too bad: ND has a rule that laws can only be struck down via supermajority.
E.g., 3 of 5 ND justices said an abortion ban was unconstitutional. But too bad: ND has a rule that laws can only be struck down via supermajority.