Relying on the Supreme Court's decision in Callais and its gutting of Section 2 of the VRA, the OLC released a memo declaring unconstitutional the EEOC's interpretive rules and guidance documents governing Title VII's disparate-impact provisions. Here's my take:
electionlawblog.org?p=156693
The level of ambition is correct. I would start with DC statehood.
But see this new paper for why fair maps are a better goal than proportional representation—and how Congress can actually legislate fair maps, if there is a D trifecta in 2029, using partisan constitutional hardball:
This is a really nice piece, as is the underlying law review article. I highly recommend it. I agree that state constitutions can play an important role in protecting the public interest from private capture. There remain hard questions about the role of the courts here, even at the state level.
In the Kansas Law Review: Anti-McCarthyism and the Right to “Fair and Just Treatment” in State Constitutions
People treated unfairly during executive or legislative investigations often lack a remedy. But two state constitutions guarantee "fair and just treatment."
papers.ssrn.com/abstract=687...
I'm very happy to share that the AALS Section on State Constitutional Law has been approved and is now live! Thank you very much to everyone who supported this effort. We look forward to building a long-term infrastructure for state constitutional scholarship, study, and advocacy.
<p>What would it take to end the present downward spiral of partisan gerrymandering in the United States? This essay, a revised and expanded version of a
papers.ssrn.com
My essay on the many ways that state courts interpret state constitutions in lockstep with federal doctrine is now live on the @statecourtreport.org!
statecourtreport.org/our-work/ana...
we just covered this angle: www.patreon.com/posts/159412...
Joey Fishkin
The practice of interpreting state constitutions identically to their federal counterpart is often criticized in blanket terms. But the ways state courts lockstep vary widely.
statecourtreport.org
135 | The Ambiguities of Reconstruction w/ Professor Lucien Ferguson by What's Left of Philosophy on Patreon. Join What's Left of Philosophy's community for exclusive content and updates.
The collateral damage of Louisiana v. Callais is spreading to employment discrimination. Relying on Callais, the Office of Legal Counsel (OLC) has issued a memo declaring unconstitutional the EEOC’s i...
Labor law x patent prosecution:
"An arbitrator ruled Monday that the U.S. Patent and Trademark Office "committed a clear and patent breach" of agreements with the union representing some of its employees when the office eliminated telework arrangements last year at the urging of...Donald Trump."
Date Chartered: 6/1/2026 Purpose The Section on State Constitutional Law will organize scholars whose work revolves around the interpretation, application, modification, development, and understanding...
www.aals.org
Quinn Yeargain
Quinn Yeargain
gil, a finite mode
Michael Smith
An arbitrator ruled Monday that the U.S. Patent and Trademark Office "committed a clear and patent breach" of agreements with the union representing some of its employees when the office eliminated te...
A short piece I wrote for @statecourtreport.org on the problems "state capture" poses for state and local government, and how state constitutions might be used to prevent them.
statecourtreport.org/our-work/ana...
Based on an article first published with @cardozolaw.bsky.social (link below).
1st 60 days of 2029:
- confirm 4-6 new SCOTUS judges
- DC statehood. DC Gov. appoints 101st & 102nd Senators
- independent prosecutor for 45/47 crimes
- 600-900 member House with multiparty proportional representation teed up for '30 midterms
>>>bigger reforms over 29-30 to follow<<<
Hello! @adamsopko.bsky.social and I have been working on a proposal to charter an AALS Section on State Constitutional Law. We believe that such a section is long overdue and that it is urgent to foster scholarly community and support in a growing discipline. Links to support this effort below: ⬇️
