State Law Gives Litigators Extra Tools to Counter Originalism Unique features of state courts allow lawyers to go beyond arguments available in federal courts.

State Court Report's @cisozaki.bsky.social outlines some extra tools state law gives litigators to counter originalism. Learn more:

Case Trends: State Courts Grapple with Gun Rights Multiple courts last year upheld state laws that restricted the right to bear arms. Courts also struggled to interpret related U.S. Supreme Court decisions.

Did you know the majority of cases about the right to bear arms are heard in state court? This is a fascinating discussion of 2025 gun rulings in Georgia, Iowa, Kansas, and Washington, by @kasiawolfkot.bsky.social & @cisozaki.bsky.social in @statecourtreport.org. statecourtreport.org/our-work/ana...

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: 🧵

State constitutional law matters—now more than ever. @statecourtreport.org's latest roundup collects leading voices on the most influential state constitutional cases of 2025. Read it below 👇

Who sits on the state's highest courts isn't just symbolic -- it can matter to outcomes that shape everyday lives. My colleague @aliciabannon.bsky.social discusses why diversity on the bench is so important in @statecourtreport.org's latest newsletter.

Read the post & our latest analysis below!

Countering Originalism This guide offers lawyers strategies, arguments, and citations to address originalist claims they encounter in litigation.

Originalism’s creep in the courts may seem inevitable. But litigators do have tools to push back – and for the first time, my colleagues @tomtmwolf.bsky.social, @cisozaki.bsky.social and I have collected the many moves litigators can make in a single resource: www.brennancenter.org/our-work/res...

Countering Originalism This guide offers lawyers strategies, arguments, and citations to address originalist claims they encounter in litigation.

"Countering Originalism" has been over a year in the making.

We think it will be useful not just for litigators, but for judges, scholars, students, and anyone thinking about law + history.

Read it here: www.brennancenter.org/our-work/res...

✨ & please share widely!

🚨NEW REPORT from @brennancenter.org: Countering Originalism: A Guide for Litigators.

What’s inside?

⚖️ Practical strategies to respond to originalist arguments
📚 Case law + scholarship
📝 Real examples from court filings
🏛️ Lessons from our SCOTUS practice
🌐 Tips for both fed + state courts

Everyone Benefits When Judges Come from a Variety of Backgrounds Amid attacks on “diversity, equity, and inclusion,” the need for representative state supreme courts is as urgent as ever.

NEW: Amid attacks on DEI (diversity, equity, and inclusion), the need for representative state supreme courts is as urgent as ever. @cisozaki.bsky.social and Jamie Muth share key takeaways from their latest analysis of state supreme court diversity for @brennancenter.org.

Judges from diverse demographic and professional backgrounds can reduce bias, improve decision-making, and build public trust. Read our latest State Supreme Court Diversity report: bit.ly/3JW6lN6

La lucha para lograr cortes supremas estatales más diversas no se acaba - La Opinión A pesar de los ataques contra las iniciativas de “diversidad, equidad e inclusión”, la necesidad de tener una judicatura estatal más representativa es urgente

Apesar de la creciente diversidad de nuestra nación, las personas que deciden algunas de nuestras cuestiones judiciales más importantes, a menudo, no reflejan a las comunidades a las que atienden. Lea mi último artículo en @laopinionla.bsky.social 👇

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

State Supreme Court Diversity - November 2025 Update Many state supreme courts lack diversity in terms of their justices’ race, ethnicity, gender, and professional background.

Representation builds trust, improves decision-making, and strengthens democracy.

America is diverse. Our courts should be too.

🔗 www.brennancenter.org/our-work/res...

State Supreme Court Diversity - November 2025 Update Many state supreme courts lack diversity in terms of their justices’ race, ethnicity, gender, and professional background.

There are no Latino justices in Nevada, where Latinos make up nearly a third of the population.

🔗 www.brennancenter.org/our-work/res...

State Supreme Court Diversity - November 2025 Update Many state supreme courts lack diversity in terms of their justices’ race, ethnicity, gender, and professional background.

Representation shouldn’t depend on your zip code. Yet in NY & NJ — home to some of the nation’s largest Asian American communities — there are zero Asian American justices.

🔗 www.brennancenter.org/our-work/res...

State Supreme Court Diversity - November 2025 Update Many state supreme courts lack diversity in terms of their justices’ race, ethnicity, gender, and professional background.

Professional diversity is missing too: prosecutors serve on high courts in 48 states, but former public defenders appear in only 22. 83% of justices come from private practice, leaving key community-serving sectors underrepresented.

🔗 www.brennancenter.org/our-work/res...

State Supreme Court Diversity - November 2025 Update Many state supreme courts lack diversity in terms of their justices’ race, ethnicity, gender, and professional background.

Why care? State high courts are often the final word on cases about your vote, your home, your job, your kids’ schools. A court that doesn’t reflect the full range of public experience loses legitimacy — and insight.

🔗 www.brennancenter.org/our-work/res...

State Supreme Court Diversity - November 2025 Update Many state supreme courts lack diversity in terms of their justices’ race, ethnicity, gender, and professional background.

State supreme courts serve as the final word on state law and state constitutional rights — yet they fail to reflect the full breadth of American experience.
🔗 www.brennancenter.org/our-work/res...

State Supreme Court Diversity - November 2025 Update Many state supreme courts lack diversity in terms of their justices’ race, ethnicity, gender, and professional background.

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👇👇

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 👇👇👇

@brennancenter.org

Attending #NAPABA2025? Join us for “Originalism’s Impacts" (Sat 11/8, 9:15am) w folks from from the state judiciary, @legaldefensefund.bsky.social, @myconstitution.bsky.social & @publicrightspro.bsky.social - we'll explore how originalism is reshaping the law & equal justice for #AANHPI communities!

Check out the second piece in my new "case trends" series for @statecourtreport.org, where I explore state constitutional developments in the repro/trans rights space.

The Power of State Constitutional Rights Judges, practitioners, and scholars explore critical issues facing state courts and constitutions.

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...

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.

NEW: Five years on, courts are still weighing the constitutionality of state responses to the Covid-19 pandemic. @cisozaki.bsky.social kicks off her new series on 2025 state constitutional trends with this look at the legal legacy of Covid-19.

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.

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 👇👇

State Justices Continue to Challenge Originalism A lively debate about the value of “history and tradition” in analyzing cases is ongoing in state courts. Some justices are pushing for alternative interpretative methodologies.

NEW: SCOTUS's controversial invocation of originalism has sparked a lively debate among justices about interpreting state court cases using "history and tradition." @cisozaki.bsky.social & Maryjane Johnson review recent critiques of originalism and alternative interpretive methods to consider.

Honoring Former Hawaii Justice Masaji Marumoto’s Legacy on the Bench A look at Marumoto’s trailblazing career, in celebration of May’s Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month.

NEW: In celebration of May’s Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month, Zoe Merriman and @cisozaki.bsky.social look at former Hawaii Justice Masaji Marumoto’s trailblazing career and legacy on the bench.

RALEIGH, N.C. (AP) - Republican challenger concedes a 2024 North Carolina Supreme Court election to the Democratic incumbent.

i’m sorry, i’m tired of this shit. there was no pronoun policing. i have encountered exactly three or four land acknowledgments in like ten years, and the most you’ll hear about “intersectionality” is in liberal nonprofits. this is just freefloating resentment masquerading as analysis.