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
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
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...
Interested in clerking? Check out this event to learn more about clerking in state supreme courts.
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...
βWe cannot sell the people of Kentucky a mule and call it a horse,β the court said, βeven if we believe the public needs a mule.β - 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.
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-...
NEW from @brennancenter.orgβs Ashleigh Maciolek and @aliciabannon.bsky.social β Supreme Court Abuse of the Shadow Docket Under Trump
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...
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...
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...
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...
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
Iβve seen enough. Not about the election. Just generally.
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...
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...
State constitutions shape young peopleβs 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.
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.socialβs roundup in @statecourtreport.org. statecourtreport.org/our-work/ana...
The Constitution gives Congress, not the president, the power to decide when the nation goes to war. President Trumpβs strikes on Iran are flatly unconstitutional. Thereβs been no deliberation, no vote, no clear justification. This is a flagrant abuse of executive power.
Congrats to my colleagues on filing this important case.
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. Hereβs how the argument went. statecourtreport.org/our-work/ana...
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. π§΅
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.
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
NEW from @statecourtreport.org
According to the Ohio Supreme Court, cops are considered βvictimsβ under Marsyβs Law. This permits the city to redact officersβ names & other info from a newspaperβs public records request.
statecourtreport.org/our-work/ana...
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!).
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
A reminder that the president has no constitutional authority over federal election administration. statecourtreport.org/our-work/ana...
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!
βThe 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.β
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