Catching up with state constitutions.
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The State Court Report newsletter will be back in mid-September. In the meantime, members of our team picked a few articles that you may have missed the first time around. Whether you’re on the beach, in the classroom, or waiting in the checkout line, we hope you enjoy! Happy end of summer!
Alicia Bannon, Editor in Chief
Rap on Trial
The use of rap lyrics in criminal trials has become widespread, most often by prosecutors trying to use violent lyrics as evidence that a defendant has committed a crime. The ACLU’s Bridget Lavender and Matthew Segal walk through studies and case law involving the use of such lyrics, explaining why “courts are right to be wary of allowing this evidence.” Read more
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Confederate Statues and State Constitutions
Legal challenges to Confederate statues and other symbols offer an opportunity to analyze the history of Southern state constitutions — including their explicit, though sometimes brief, repudiation of slavery and white supremacy during Reconstruction. Marcus Gadson, an assistant professor of law at Campbell University, dives into the history of Southern constitutions and whether today’s documents reflect our nation’s highest ideals. Read more
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Kathrina Szymborski Wolfkot, Managing Editor
Hope for Young People Charged with Crimes
In January, the Massachusetts Supreme Judicial Court ruled that the state constitution bars sentencing people under the age of 21 to life without parole. Kristina Kersey, an assistant professor at the University of Tennessee College of Law and former youth defender, discusses recent trends in youth sentencing and argues that state constitutions “should give even grizzled, battle-worn defenders . . . cause for optimism.” Read more
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When SCOTUS Borrows from State Supreme Courts
State supreme courts frequently look to U.S. Supreme Court precedent to inform how they interpret their own state constitutions. But Jerry Dickinson, vice dean at the University of Pittsburgh School of Law, writes that sometimes it’s the other way around. This practice of what he calls “judicial federalization” is “a feature, not a bug, of our constitutional order,” he argues. Read more
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Erin Geiger Smith, Legal Writer and Editor
Will Florida Voters Have the Final Say on Abortion Law?
In November, Florida voters will decide whether to amend their state constitution to protect abortion care. But even if the ballot measure passes, “state legislators and courts could undermine those rights by interpreting them narrowly or increasing protections for fetuses,” writes Jonathan Marshfield, an associate professor at the University of Florida Levin College of Law, who details an uphill battle for those seeking to enforce the amendment. Read more
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How State and Local Election Certification Works
Election certification, the method by which election officials sign off on election results, is likely to attract increasing attention as November approaches. The Brennan Center’s Lauren Miller Karalunas explains the election certification process and why election officials have an obligation to certify the correct results, leaving it to courts and other state processes to settle any challenges. Read more
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