After the Supreme Court weakened federal protections for juvenile defendants against “cruel and unusual punishments” last year, state courts moved in the opposite direction. High courts in Michigan and North Carolina, for example, ruled that their constitutions provide for more robust Eighth Amendment protections than the U.S. Constitution. These cases show that when federal courts fail to preserve fundamental rights, there are still options at the state level.
One of these routes is amending state constitutions, which is easier to do than adding amendments to the federal constitution. Midterm voters in several states used this flexibility to expand reproductive, labor, and voting rights.
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