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Alicia Bannon

@aliciabannon

Director of the Judiciary Program at the Brennan Center for Justice and the Kohlberg Center on the U.S. Supreme Court. Editor-in-chief of State Court Report. All opinions are my own.

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Latest posts by Alicia Bannon @aliciabannon

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One First | Steve Vladeck | Substack A weekly newsletter aiming to make the Supreme Court’s rulings, procedures, and history more accessible to all. Click to read One First, a Substack publication with hundreds of thousands of subscriber...

This analysis by @stevevladeck.bsky.social first appeared in his fantastic Substack, One First. If you don't already subscribe you should do so now! www.stevevladeck.com

06.03.2026 17:47 πŸ‘ 1 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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U.S. Supreme Court Asserts New Shadow Docket Powers Over State Courts A stay granted in a New York redistricting case expands the Supreme Court’s emergency docket to encompass countless state court rulings.

Thrilled to feature @stevevladeck.bsky.social's analysis of SCOTUS's shadow docket ruling in the NY redistricting case in @statecourtreport.org. He argues it raises significant jurisdictional issues & is a dramatic expansion of SCOTUS's power over state courts. statecourtreport.org/our-work/ana...

06.03.2026 17:47 πŸ‘ 17 πŸ” 11 πŸ’¬ 4 πŸ“Œ 0

Interested in clerking? Check out this event to learn more about clerking in state supreme courts.

06.03.2026 15:15 πŸ‘ 1 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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State Courts Interpret the Meaning of Public Education The Kentucky Supreme Court's decision striking down the state's charter school law comes amid a broader wave of cases examining how state constitutions define the boundaries of school choice.

There have been a wave of state cases challenging vouchers, charter schools, & other school choice programs, including a recent Kentucky ruling. At core, they raise the question of what public education really means. I analyzed the trend in @statecourtreport.org. statecourtreport.org/our-work/ana...

06.03.2026 14:56 πŸ‘ 11 πŸ” 3 πŸ’¬ 0 πŸ“Œ 0
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State Courts Interpret the Meaning of Public Education The Kentucky Supreme Court's decision striking down the state's charter school law comes amid a broader wave of cases examining how state constitutions define the boundaries of school choice.

β€œWe cannot sell the people of Kentucky a mule and call it a horse,” the court said, β€œeven if we believe the public needs a mule.” - The Kentucky Supreme Court, ruling public funds can't go to charter schools. Read more in @aliciabannon.bsky.social's essay on recent school funding cases.

05.03.2026 21:11 πŸ‘ 55 πŸ” 17 πŸ’¬ 0 πŸ“Œ 2
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What to Know About Clerking on a State Supreme Court Judges from high courts across the country share insights for law students and recent graduates.

LAW STUDENTS & RECENT GRADS: Interested in a state supreme court clerkship? Join us on March 19 at 3pm ET for a virtual event where you can hear from justices across the country about the application process and what it's like to clerk. Register below! www.brennancenter.org/events/what-...

05.03.2026 17:17 πŸ‘ 16 πŸ” 9 πŸ’¬ 0 πŸ“Œ 1
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Supreme Court Abuse of the Shadow Docket Under Trump The Court has sided with the administration 80 percent of the time when making β€œemergency” rulings, often without revealing its reasoning.

NEW from @brennancenter.org’s Ashleigh Maciolek and @aliciabannon.bsky.social β€” Supreme Court Abuse of the Shadow Docket Under Trump

04.03.2026 18:07 πŸ‘ 7 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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Supreme Court Abuse of the Shadow Docket Under Trump The Court has sided with the administration 80 percent of the time when making β€œemergency” rulings, often without revealing its reasoning.

NEW: Over the past year, SCOTUS sided with the Trump administration on the shadow docket 80% of the time, frequently without explaining its reasoning. I wrote a piece w/
@amaciolek.bsky.social analyzing SCOTUS's troubling approach to the shadow docket. www.brennancenter.org/our-work/ana...

04.03.2026 16:39 πŸ‘ 9 πŸ” 5 πŸ’¬ 0 πŸ“Œ 0
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Federalism and State Constitutional Rights in 2026 The killing of Renee Good by a federal immigration agent thrust into the spotlight questions about when and how states can hold federal officials accountable.

Five states also provide for civil remedies against federal officials for constitutional violations (IL, CA, NJ, ME, MA) and several others, including NY, are considering bills. Look for lots of knotty federal & state legal issues as these laws gets tested. /fin statecourtreport.org/our-work/ana...

04.03.2026 14:24 πŸ‘ 2 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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When Can States Prosecute Federal Agents? Federal precedent permits such prosecutions in limited circumstances, but the legal bar remains high.

The issue I'm watching most closely is whether we see states start taking a bigger role in holding federal officials accountable for rights violations. After federal agents killed Alex Pretti in MN, I wrote about states' power to prosecute federal officers. /3 statecourtreport.org/our-work/ana...

04.03.2026 14:24 πŸ‘ 3 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0
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States and the Balance of Power States β€” and their courts β€” quietly shape and check federal power.

When we talk about checks and balances, the conversation usually focuses on the federal branches of government. But states are part of our constitutional system too, and they have more power than many people realize. /2 statecourtreport.org/our-work/ana...

04.03.2026 14:24 πŸ‘ 0 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

This is a striking example of how state leaders can change the risk calculus when institutions are considering complying in advance with federal policy preferences. When federal law is silent, state laws can fill the void -- and state officials have enforcement power. /1

04.03.2026 14:24 πŸ‘ 2 πŸ” 0 πŸ’¬ 1 πŸ“Œ 0

I’ve seen enough. Not about the election. Just generally.

04.03.2026 03:21 πŸ‘ 9976 πŸ” 1233 πŸ’¬ 71 πŸ“Œ 41

This is a really important thread re: some serious procedural shadiness in how SCOTUS came to rule on the NY redistricting case via the shadow docket. For more background, here's an explainer on when and how SCOTUS can review state court rulings.
statecourtreport.org/our-work/ana...

03.03.2026 17:59 πŸ‘ 2 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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A Conversation with Michigan Supreme Court Justice Elizabeth Welch Welch discusses the challenges of artificial intelligence, Michigan’s protection of natural resources, and the potential value in career disappointments.

NEW: State Court Report's @erings.bsky.social has a great interview with Michigan Justice Elizabeth Welch about her career, notable cases, and how AI is changing legal practice. Check it out! statecourtreport.org/our-work/ana...

03.03.2026 17:20 πŸ‘ 12 πŸ” 6 πŸ’¬ 0 πŸ“Œ 0
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SXSW EDU 2026 Schedule Browse events, build your schedule, and get personalized recommendations for the 2026 SXSW EDU Conference & Festivals from March 9–12, 2026 in Austin, Texas.

State constitutions shape young people’s lives β€” from voting to LGBTQ+ policy to climate action to our schools. Yet fewer than half of Americans know their state has one. State Court Report's @erings.bsky.social joins experts at @sxswedu.com
to discuss how constitutions can empower & protect youth.

02.03.2026 17:00 πŸ‘ 13 πŸ” 9 πŸ’¬ 0 πŸ“Œ 1
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State Court Oral Arguments to Watch for in March Issues on the dockets include mid-decade redistricting, ghost guns, a challenge to a DOJ request for voter data, gender-affirming care for minors, and SpaceX rocket launches.

NEW: There are a number of significant state oral arguments this month, covering mid-decade redistricting, ghost guns, access to voter data, gender affirming care for minors, and more. Check out @skess108.bsky.social’s roundup in @statecourtreport.org. statecourtreport.org/our-work/ana...

02.03.2026 16:59 πŸ‘ 19 πŸ” 10 πŸ’¬ 0 πŸ“Œ 0

The Constitution gives Congress, not the president, the power to decide when the nation goes to war. President Trump’s strikes on Iran are flatly unconstitutional. There’s been no deliberation, no vote, no clear justification. This is a flagrant abuse of executive power.

28.02.2026 15:32 πŸ‘ 722 πŸ” 264 πŸ’¬ 30 πŸ“Œ 22

Congrats to my colleagues on filing this important case.

27.02.2026 14:39 πŸ‘ 54 πŸ” 14 πŸ’¬ 1 πŸ“Œ 0
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Arrest of Black Pastor for Refusing to Show ID Reaches Alabama Supreme Court A federal trial court asked the state high court to weigh in on whether police violated the law when they arrested a man who was watering his neighbors’ garden.

This is a super interesting case. After the 11th cir ruled police could be sued for arresting a Black pastor for refusing to show ID, the trial court certified the q of whether state law has a show your papers req to the AL Sup Ct. Here’s how the argument went. statecourtreport.org/our-work/ana...

27.02.2026 15:11 πŸ‘ 40 πŸ” 20 πŸ’¬ 1 πŸ“Œ 2
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Trump, seeking executive power over elections, is urged to declare emergency Activists who say they are in coordination with the White House are circulating a draft executive order that would unlock extraordinary presidential power over voting.

Today @washingtonpost.com reported activists are urging Trump to declare an emergency based on claims of Chinese interference in the 2020 election and use emergency powers to dramatically alter election rules. Trump has no power to run elections, even in an emergency. 🧡

27.02.2026 00:47 πŸ‘ 41 πŸ” 26 πŸ’¬ 1 πŸ“Œ 2

Fascinating report (and thread) by @douglaskeith.bsky.social about $$ in state supreme court elections. The last election cycle was the most expensive EVER for judicial races.

26.02.2026 19:35 πŸ‘ 4 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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As the midterms heat up, state courts are helping shape the future of American democracy.

At SCR's new 2026 Election hub, we'll be tracking, explaining, and contextualizing:

-The battle over who actually controls elections
-What happens after the votes are cast
-Electoral maps
-Judicial elections

24.02.2026 19:49 πŸ‘ 17 πŸ” 13 πŸ’¬ 0 πŸ“Œ 0
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Ohio Supreme Court Reaffirms Text-First Approach in Decision Confirming Marsy’s Law Includes Police Officers The court held that police officers can be considered β€œvictims” under laws that give crime victims special protections.

NEW from @statecourtreport.org

According to the Ohio Supreme Court, cops are considered β€œvictims” under Marsy’s Law. This permits the city to redact officers’ names & other info from a newspaper’s public records request.

statecourtreport.org/our-work/ana...

18.02.2026 17:06 πŸ‘ 3 πŸ” 7 πŸ’¬ 0 πŸ“Œ 0
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Lyons, Remedies, and the Fourth Amendment in Noem v. Vasquez Perdomo - NYU Law Review Recent Case: Noem v. Vasquez Perdomo, No. 25A169, 2025 WL 2585637 (U.S. Sep. 8, 2025) Sharon Brett0* Copyright Β© 2026 by Sharon Brett, Associate Professor of Law, University of Kansas School of Law. T...

My essay on the Kavanaugh concurrence in Noem v. Vasquez Perdomo is now live with the @nyulawreview.bsky.social online. Many thanks to the incredible editors who helped bring this piece to completion (rage-writing it in one week meant we did a lot of work on it post-acceptance!).

17.02.2026 15:38 πŸ‘ 59 πŸ” 21 πŸ’¬ 1 πŸ“Œ 1
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Robust State Constitutionalism Can Protect Rights and Resist Authoritarianism We need a movement to fully unlock the potential for resistance by states

When state courts interpret their own constitutions to offer broader rights, the federal judiciary can't overturn them. A crucial safeguard against authoritarianism.

@kasiawolfkot.bsky.social

14.02.2026 13:00 πŸ‘ 147 πŸ” 56 πŸ’¬ 2 πŸ“Œ 8
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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.

A reminder that the president has no constitutional authority over federal election administration. statecourtreport.org/our-work/ana...

13.02.2026 23:51 πŸ‘ 27 πŸ” 13 πŸ’¬ 0 πŸ“Œ 0
Scholastica: Montana Law Review Call for Submissions - Volume 88.1 Montana Law Review Call for Submissions - Volume 88.1

This will likely get lost in the shuffle of the submission season, so highlighting it for people to put on their calendars now: app.scholasticahq.com/conversation...

Montana Symposium! Criminal Procedure, with room for state con law! June 30 deadline!

13.02.2026 22:53 πŸ‘ 6 πŸ” 4 πŸ’¬ 1 πŸ“Œ 0

β€œThe Constitution does not permit the government to arrest thousands of individuals and then disregard their constitutional rights because it would be too challenging to honor those rights.”

13.02.2026 00:24 πŸ‘ 2139 πŸ” 654 πŸ’¬ 19 πŸ“Œ 11
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Opinion | Trump Can’t Cancel Elections. He Could Undermine Them.

From the DOJ's attempts to access sensitive voter info to dismantling CISA and pardoning the people responsible for Jan. 6, the Trump administration's campaign to undermine elections is underway. But we can fight back. β€” @seanmorales-doyle.bsky.social in @nytopinion.nytimes.com

12.02.2026 20:54 πŸ‘ 60 πŸ” 33 πŸ’¬ 1 πŸ“Œ 0