A Judicial Flame War [Video]

Also: Stripping power from attorneys general, constitutional constraint of presidential overreach, how the New York Constitution was a reaction to British rule, and more

Video: Alicia Bannon on How Not to Criticize a Judge

Here are recent articles from State Court Report:

Attorney General Duties Are a Frequent Target of Legislative Gamesmanship

Legislatures in multiple states have stripped power from attorneys general they disagree with politically and increased the power of those belonging to majority parties, explains NYU law student Dylan Erikson. READ MORE

Hawaii’s Oil Lawsuit Alleges “Harm to Public Trust Resources”

“As federal resistance to efforts to fight climate change persists and states continue to invoke the public trust doctrine to confront climate harms, courts will be asked to clarify the doctrine’s scope and the boundaries of state authority,” writes Wake Forest University law professor Sarah J. Morath. READ MORE

How the Constitution Constrains Presidential Overreach Against States

“Arguments rooted in the separation of powers more faithfully reflect our constitutional design and better promote democratic accountability” than relying on anti-commandeering principles when combating presidential overreach, explains University of Illinois Chicago School of Law professor Steven D. Schwinn. READ MORE

State Supreme Court Justices and Ethics Investigations

Examining a string of alleged ethics violations involving state supreme court justices, Manny Marotta, a law clerk at Fix the Court, observes that “transparent and enforceable ethical rules and procedures are crucial to maintaining a properly functioning judiciary and public trust in courts.” READ MORE

New York’s First Constitution Was a Reaction to British Rule

New York’s constitution has “guarantees for conservationist concerns, care for the needy, and public schooling for a sound basic education,” but its earliest drafters also included a “recitation of the abuses by the king and the parliament,” writes Albert M. Rosenblatt, a former judge on New York’s highest court. This essay is part of State Court Report’s 50-state series on the nation’s constitutions. READ MORE

Georgia Departs from Second Amendment Jurisprudence

The Georgia Supreme Court upheld a state law prohibiting people under 21 from carrying a handgun in public. “The court declined to follow recent U.S. Supreme Court rulings interpreting the federal Second Amendment and said instead that the relevant inquiry was into the original public meaning of the Georgia Constitution,” explains Andrew Willinger, executive director of the Duke Center for Firearms Law. READ MORE