State Constitutional Amendments and Abortion Access [Video]

Also: debates over religious charter schools, eroding civil rights in North Carolina, the history of Virginia’s constitution, and more

Here are recent articles from State Court Report:

Religious Charter School Debate Back with States

The U.S. Supreme Court split evenly last month over whether approving a Catholic school’s charter application would violate the state and federal constitutions. The split — which had the effect of leaving in place the Oklahoma Supreme Court’s ruling that such a charter was unconstitutional — “announces, pragmatically speaking, a permissive policy: States may, but need not, exclude religious schools from their charter programs,” writes Fordham University School of Law professor Aaron Saiger. Read more

The Role of History and Tradition in State Abortion Cases

“While state courts are not tethered to Dobbs or its brand of originalism, the influence it has had on state courts deciding abortion rights cases is undeniable,” write Diana Kasdan and Amanda Barrow of UCLA Law’s Center on Reproductive Health, Law, and Policy. In multiple cases since the U.S. Supreme Court eliminated the federal right to abortion, state high courts have considered historical evidence and still embraced protections for abortion care. Read more

The Strange Legal Standard Eroding Civil Rights In North Carolina

Since 2023, the North Carolina Supreme Court has rolled back civil rights under the state constitution, writes Kyle Barry of the State Law Research Initiative, and in doing so relied in their decisions on an odd and highly criticized rule: a requirement that claimants prove challenged statutes are unconstitutional beyond a reasonable doubt. Read more

Virginia’s Constitution: An Influential and Resurgent Declaration of Rights

“Most provisions in Virginia’s 1776 Declaration of Rights have survived relatively intact,” but interpretation of the state’s current constitution, which took effect in July 1971, continues to evolve, as a 2023 state supreme court decision heralded “a new era of independent interpretation of Virginia’s Bill of Rights,” writes Wake Forest University professor John Dinan. This essay is part of State Court Report’s 50-state series on the nation’s constitutions. Read more

State Court Oral Arguments to Watch for in June

Each month, we highlight notable upcoming state supreme court arguments. For June, State Court Report’s Sarah Kessler and Erin Geiger Smith write about high courts in Hawaii, Oregon, South Carolina, and Washington taking up issues including partisan gerrymandering, fines and fees imposed on indigent defendants, and bans on flavored tobacco and online vision tests. Read more