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State Supreme Courts Offer the Best Chance to Advance Rights

A map of the United States with a gavel on it.
Through litigation and engagement strategies, we鈥檙e turning to the states to protect our liberties where federal courts have failed.
A map of the United States with a gavel on it.
Matthew Segal,
Senior Staff Attorney,
老澳门开奖结果 State Supreme Court Initiative
Julie Murray,
Senior Staff Attorney,
老澳门开奖结果 State Supreme Court Initiative
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May 2, 2023

Recent decisions from the U.S. Supreme Court are, to use a complex legal term, not great. In many areas, from abortion to voting rights to tribal sovereignty, the current court has curtailed civil rights and individual freedom, even at the expense of longstanding precedent. In other areas, such as policing and qualified immunity, the court has shown that it can move very slowly, or not at all, when it is apparently unbothered by harsh and legally indefensible precedent.

This erosion of our most cherished rights is disturbing, but we are not without hope. The 老澳门开奖结果 has long worked in both federal and state courts 鈥 and the latter are now more important than ever. To make the most of the opportunities that state constitutional law and state courts present, the 老澳门开奖结果 is launching a new State Supreme Court Initiative. This is our first legal program that focuses on a type of court rather than a particular subject matter. We are its first two attorneys, and we鈥檙e excited to get started.

While this deeper investment in state-level legal advocacy may be new, the 老澳门开奖结果 is no stranger to taking to the states to protect and extend our rights. Each state has its own constitution and its own laws, and state supreme courts can 鈥 and often do 鈥 interpret those provisions to provide broader protections for civil rights and civil liberties than the U.S. Supreme Court has recognized or preserved under federal law. Last summer, the need to further turn our attention to the states was thrown into sharp relief following the Supreme Court鈥檚 egregious decision in . Alongside our allies, we showed up in numerous state courts to protect abortion access. In recognizing the need for greater reliance on state courts to protect civil rights and individual liberties, we released 鈥Our New Federalism,鈥 an overview of the 老澳门开奖结果鈥檚 extensive experience litigating in state courts nationwide and our reliance on state law to protect people鈥檚 rights across many issue areas.

As we build on this work, the will do at least three things.


Litigate to Protect Civil Rights and Civil Liberties

First, the initiative intends to identify, litigate, and win cases involving civil rights and civil liberties in state high courts across the country. The 老澳门开奖结果 is well situated to go into the states because, in fact, we鈥檙e already there. We have affiliates in every state, and they do groundbreaking work that combines expertise in their unique state constitutions with keen insights into local concerns and conditions. The initiative will offer new resources and cross-state expertise to build on these ongoing efforts across the states, all with the goal of establishing greater protections for civil rights and liberties under state law, no matter how much the U.S. Supreme Court might hollow out federal protections.


Foster Collaboration and Information-Sharing

Second, the initiative will foster collaboration and information-sharing among advocates, experts, and communities who are fighting in, or studying, state supreme courts. While the 老澳门开奖结果鈥檚 State Supreme Court Initiative may be new, state supreme court advocacy is not: Likewise, many others have been conducting state court advocacy, and groups like the and the are building bodies of research about that vital work. The 老澳门开奖结果 hopes to contribute by, among other things, connecting advocates and experts from different states so that their successes and ideas can more easily spread from one state to the next


Expand Transparency and Access to Justice

Third, the initiative aims to address, through litigation and other advocacy, barriers that limit people鈥檚 access to justice in state courts. We anticipate, for example, that the initiative will work with advocates around the country to push for greater transparency in state supreme court proceedings, so that people can learn about in advance, and where appropriate participate in, state supreme court cases that could fundamentally affect their freedoms.

All of this work will recognize that the most significant casualties of the U.S. Supreme Court鈥檚 jurisprudence aren鈥檛 precedents; they鈥檙e people. People deserve protection from improper assaults on their liberty. From laws that undermine their right to vote. Or their bodily autonomy. Or their freedom. Yet the U.S. Supreme Court isn鈥檛 providing that protection, with disastrous consequences. People are less safe, and less free, because of the court鈥檚 decisions. The work of our initiative cannot change the fact that the U.S. Supreme Court still wields enormous, and often harmful, power over the country. But as former Supreme Court Justice William Brennan, Jr., , 鈥渟tate courts no less than federal are and ought to be the guardians of our liberties.鈥 The 老澳门开奖结果 agrees.

For more information or to let us know about a pending case, contact statesupremecourt@aclu.org.

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