Douglas Keith
@douglaskeith.bsky.social
@BrennanCenter, focus on courts + state constitutions. Co-founding editor @StateCourtReport. Dad.
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
Reposted by Douglas Keith
Super-important point: The president has no constitutional authority over federal election administration. It’s state & local governments that primarily set rules for how elections are run. Learn more in this @statecourtreport.org explainer. statecourtreport.org/our-work/ana...
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
statecourtreport.org
October 21, 2025 at 2:21 PM
Super-important point: The president has no constitutional authority over federal election administration. It’s state & local governments that primarily set rules for how elections are run. Learn more in this @statecourtreport.org explainer. statecourtreport.org/our-work/ana...
Reposted by Douglas Keith
The Power of State Constitutional Rights will explore rights projected by state constitutions, amendments, and emerging issues within them.
The two-day symposium will be held Nov. 6-7, presented by @brennancenter.org & @statecourtreport.org.
Register: www.brennancenter.org/events/power...
The two-day symposium will be held Nov. 6-7, presented by @brennancenter.org & @statecourtreport.org.
Register: www.brennancenter.org/events/power...
October 20, 2025 at 9:14 PM
The Power of State Constitutional Rights will explore rights projected by state constitutions, amendments, and emerging issues within them.
The two-day symposium will be held Nov. 6-7, presented by @brennancenter.org & @statecourtreport.org.
Register: www.brennancenter.org/events/power...
The two-day symposium will be held Nov. 6-7, presented by @brennancenter.org & @statecourtreport.org.
Register: www.brennancenter.org/events/power...
Reposted by Douglas Keith
What can you do if a federal official violates your constitutional rights? @uwlawdemocracy.bsky.social's Harrison Stark's argument that states can enact (or amend existing) civil rights statutes to allow damages suits against federal employees is a must read! @statecourtreport.org
October 14, 2025 at 6:53 PM
What can you do if a federal official violates your constitutional rights? @uwlawdemocracy.bsky.social's Harrison Stark's argument that states can enact (or amend existing) civil rights statutes to allow damages suits against federal employees is a must read! @statecourtreport.org
Reposted by Douglas Keith
Come to our FREE symposium on the power of state constitutions in Chicago, Nov. 6-7! Panels on so many rights:
voting
repro
economic
LGBTQ+
against cruel/unusual punishment
Plus sessions on federalism, barriers to rights vindication, and constitutional amendments.
SEE YOU THERE! 🤸🎉📚
voting
repro
economic
LGBTQ+
against cruel/unusual punishment
Plus sessions on federalism, barriers to rights vindication, and constitutional amendments.
SEE YOU THERE! 🤸🎉📚
SAVE THE DATE: Nov. 6-7, we're hosting a symposium with @brennancenter.org and Northwestern University Law Review exploring the future of state constitutional rights. Virtual and in-person registration options are available, and IL CLE credit is pending for in-person participants. Register today:
The Power of State Constitutional Rights
Judges, practitioners, and scholars explore critical issues facing state courts and constitutions.
brennan.swoogo.com
October 8, 2025 at 5:19 PM
Come to our FREE symposium on the power of state constitutions in Chicago, Nov. 6-7! Panels on so many rights:
voting
repro
economic
LGBTQ+
against cruel/unusual punishment
Plus sessions on federalism, barriers to rights vindication, and constitutional amendments.
SEE YOU THERE! 🤸🎉📚
voting
repro
economic
LGBTQ+
against cruel/unusual punishment
Plus sessions on federalism, barriers to rights vindication, and constitutional amendments.
SEE YOU THERE! 🤸🎉📚
Reposted by Douglas Keith
There aren't many people in the country who know more about judicial elections than @douglaskeith.bsky.social @brennancenter.org. Read his analysis of the upcoming Pennsylvania Supreme Court election in @statecourtreport.org. 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
October 6, 2025 at 6:07 PM
There aren't many people in the country who know more about judicial elections than @douglaskeith.bsky.social @brennancenter.org. Read his analysis of the upcoming Pennsylvania Supreme Court election in @statecourtreport.org. statecourtreport.org/our-work/ana...
The Pennsylvania Supreme Court's jurisprudence is... complicated! But with nearly half the court up for retention election next month, the money is still pouring in. More @statecourtreport.org: 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
October 6, 2025 at 2:55 PM
The Pennsylvania Supreme Court's jurisprudence is... complicated! But with nearly half the court up for retention election next month, the money is still pouring in. More @statecourtreport.org: statecourtreport.org/our-work/ana...
Reposted by Douglas Keith
I hope you can join us at The Power of State Constitutional Rights, a symposium on Nov 6-7 in Chicago, organized by @brennancenter.org & Northwestern Law Review. We'll be hearing from judges, scholars and practitioners about the future of state con law. RSVP below! brennan.swoogo.com/stateconstit...
The Power of State Constitutional Rights
Judges, practitioners, and scholars explore critical issues facing state courts and constitutions.
brennan.swoogo.com
September 18, 2025 at 7:13 PM
I hope you can join us at The Power of State Constitutional Rights, a symposium on Nov 6-7 in Chicago, organized by @brennancenter.org & Northwestern Law Review. We'll be hearing from judges, scholars and practitioners about the future of state con law. RSVP below! brennan.swoogo.com/stateconstit...
Reposted by Douglas Keith
As manager of @statecourtreport.org's case database at the @brennancenter.org, I'm rolling out a series discussing trends we're seeing in our database cases. Read the first of the series here, and find out what state courts are saying in response to challenges to Covid-19 era government policies 👇👇
Case Trends: State Courts Continue to Grapple with Covid-19 Policies
Courts are still weighing the constitutionality of state responses to the pandemic more than five years after its start.
statecourtreport.org
September 10, 2025 at 3:19 PM
As manager of @statecourtreport.org's case database at the @brennancenter.org, I'm rolling out a series discussing trends we're seeing in our database cases. Read the first of the series here, and find out what state courts are saying in response to challenges to Covid-19 era government policies 👇👇
The Trump Administration sued New York challenging a state law prohibiting immigration arrests at state courts. Today eight former New York judges, including the former Chief Judge and Chief Administrative Judge, filed an amicus brief defending the law
www.brennancenter.org/our-work/cou...
www.brennancenter.org/our-work/cou...
United States v. State of New York
The Brennan Center, along with co-counsel Levine Lee, filed an amicus brief on behalf of former New York judges and justices in defense of New York’s Protect Our Courts Act. The brief argues that allo...
www.brennancenter.org
August 11, 2025 at 7:10 PM
The Trump Administration sued New York challenging a state law prohibiting immigration arrests at state courts. Today eight former New York judges, including the former Chief Judge and Chief Administrative Judge, filed an amicus brief defending the law
www.brennancenter.org/our-work/cou...
www.brennancenter.org/our-work/cou...
Reposted by Douglas Keith
EDUCATORS: Help us bring an expert panel of "state constitution superusers" to SXSU EDU 2026 to demonstrate how dynamic learning about state constitutions can be! Head to the @sxswedu.com Panel Picker and vote for “How State Constitutions Empower and Protect Youth" before August 24.
PanelPicker | SXSW Conference & Festivals
PanelPicker® is the official SXSW user-generated session proposal platform. Enter ideas and vote to help shape Conference programming for SXSW and SXSW EDU.
participate.sxsw.com
August 7, 2025 at 10:14 PM
EDUCATORS: Help us bring an expert panel of "state constitution superusers" to SXSU EDU 2026 to demonstrate how dynamic learning about state constitutions can be! Head to the @sxswedu.com Panel Picker and vote for “How State Constitutions Empower and Protect Youth" before August 24.
Reposted by Douglas Keith
The Supreme Court has yet again used the shadow docket to bless one of the president's power grabs, with little to no explanation or reasoning except to cite an earlier shadow docket decision. www.supremecourt.gov/opinions/24p...
www.supremecourt.gov
July 23, 2025 at 9:03 PM
The Supreme Court has yet again used the shadow docket to bless one of the president's power grabs, with little to no explanation or reasoning except to cite an earlier shadow docket decision. www.supremecourt.gov/opinions/24p...
Reposted by Douglas Keith
Why did I write about state court pushback to the Dred Scott decision? Because President Trump’s January 2025 Executive Order directly cited the Dred Scott decision when he took aim at birthright citizenship. And we could see state courts pushback against the Supreme Court again. I'll explain. /1
NEW: Many of SCOTUS's recent rulings have been criticized for their apparent bias and politicization. @marceliusb.bsky.social dives into the history of state court pushback against the 1857 Dred Scott ruling denying Black Americans citizenship to show how SCOTUS doesn't always have the final say.
How State Courts Pushed Back on an Infamous U.S. Supreme Court Case
Dred Scott, widely considered a stain on the U.S. Supreme Court’s history, denied citizenship to Black Americans in 1857. Many state supreme courts refused to follow it.
statecourtreport.org
July 23, 2025 at 8:24 PM
Why did I write about state court pushback to the Dred Scott decision? Because President Trump’s January 2025 Executive Order directly cited the Dred Scott decision when he took aim at birthright citizenship. And we could see state courts pushback against the Supreme Court again. I'll explain. /1
Reposted by Douglas Keith
If your Friday is going too well, here's an article I wrote about executions surging and states killing people in increasingly gruesome ways.
There have also been instances of likely innocent people being executed—over prosecutors' or lawmakers' objections. @statecourtreport.org @slate.com
There have also been instances of likely innocent people being executed—over prosecutors' or lawmakers' objections. @statecourtreport.org @slate.com
Why 2025 Has Been the Year of the Execution
Some states, though, are strengthening protections against the death penalty.
slate.com
July 18, 2025 at 4:19 PM
If your Friday is going too well, here's an article I wrote about executions surging and states killing people in increasingly gruesome ways.
There have also been instances of likely innocent people being executed—over prosecutors' or lawmakers' objections. @statecourtreport.org @slate.com
There have also been instances of likely innocent people being executed—over prosecutors' or lawmakers' objections. @statecourtreport.org @slate.com
Reposted by Douglas Keith
BREAKING: The Wisconsin Supreme Court said today that an 1849 ‘zombie’ law does not ban abortions, contrary to arguments by state Republicans. During oral arguments, one justice said attempts to apply the 175-year-old law in the present day was a sign of "a world gone mad."
Wisconsin Justices Appear Hostile to 175-Year-Old Abortion Law
The dispute over whether the 1849 law bans nearly all abortions in the state is a sign of a “world gone mad,” one justice said.
statecourtreport.org
July 2, 2025 at 1:54 PM
BREAKING: The Wisconsin Supreme Court said today that an 1849 ‘zombie’ law does not ban abortions, contrary to arguments by state Republicans. During oral arguments, one justice said attempts to apply the 175-year-old law in the present day was a sign of "a world gone mad."
Reposted by Douglas Keith
NEW: Our latest essay spotlighting state constitutions comes from Steven Steinglass, who dives deep into the history that shaped the Ohio Constitution—including major events in 2023 and 2024—and the uncertainty of its future.
The Ohio Constitution: Its History and Its Future
Recent amendments, and fights against them, demonstrate the importance of the state constitution.
statecourtreport.org
May 21, 2025 at 5:37 PM
NEW: Our latest essay spotlighting state constitutions comes from Steven Steinglass, who dives deep into the history that shaped the Ohio Constitution—including major events in 2023 and 2024—and the uncertainty of its future.
Reposted by Douglas Keith
"If the government has any interest in keeping communities safe, it can heed the calls of those judges, prosecutors, and court administrators who have said clearly: Keep immigration enforcement out of courts and let judges do their jobs." The latest from @douglaskeith.bsky.social:
ICE’s New Courthouse Arrest Policy Set Them on a Collision Course with State Courts
The arrest of a Wisconsin judge comes after ICE walked back policies designed to ensure communities wouldn’t be afraid to access courts
statecourtreport.org
April 30, 2025 at 9:52 PM
"If the government has any interest in keeping communities safe, it can heed the calls of those judges, prosecutors, and court administrators who have said clearly: Keep immigration enforcement out of courts and let judges do their jobs." The latest from @douglaskeith.bsky.social: