Douglas Keith

What We're Watching in the 2026 Elections State Court Report's new Election 2026 hub provides coverage of major legal and judicial developments shaping this election cycle.

NEW: Most election cases in 2022 and 2024 were decided in state court. I previewed some of what the @statecourtreport.org team will be watching this election year -- and explain why Trump's call to nationalize elections is unconstitutional. statecourtreport.org/our-work/ana...

Opinion | Trump Can’t Cancel Elections. He Could Undermine Them.

In today's @nytimes.com, I explain why we should take Trump's recent threat to "take over" elections seriously and how we can fight back against his attempts to undermine democracy.

The Most Important Elections in Your State Could Be for These Judges Thirty-two states will hold elections for 65 seats on their highest courts this year.

32 states have supreme court elections this year, and two have crucial ballot measures that could change how the states pick their judges.

Read more @slate.com about about the judicial races I'm watching closely this year:

slate.com/news-and-pol...

Justice Jackson, responding to the unpopularity of Citizens United: “What I’m heartened by is the engagement of the American people with our legal system. That’s what’s important for maintaining the rule of law.”

Conservatives Play Musical Chairs to “Cement” Majority on Arkansas High Court - Bolts How seat-switching, plus a new state law, is helping gubernatorial appointees reap the benefits of incumbency before they’ve earned it from voters.

One set of races I didn't get to include are in Arkansas, as always I'm grateful to @boltsmag.org for taking the time to break down the complicated situation on that high court

boltsmag.org/arkansas-sup...

State Supreme Court Races to Watch in 2026 More than thirty states will hold elections for supreme court seats this year, including Wisconsin, North Carolina, and Montana where court decisions have been political flashpoints.

30+ states have state supreme court elections this year, including key races in Wisconsin, North Carolina, and Montana, and a crucial ballot measure in Kansas.

More here @statecourtreport.org about the races I'm watching most closely this year:

statecourtreport.org/our-work/ana...

State Supreme Court Races to Watch in 2026 More than thirty states will hold elections for supreme court seats this year, including Wisconsin, North Carolina, and Montana where court decisions have been political flashpoints.

NEW: Thirty-two states will hold elections for supreme court seats this year, during a period of new intensity in state judicial politics. @douglaskeith.bsky.social spotlights the high-stakes state supreme court elections we're watching closely:

“I Have Been Here Too Long”: Read Letters from the Children Detained at ICE’s Dilley Facility Hundreds of children are currently being held with their parents at an immigration detention center in Dilley, Texas. In letters and drawings, eight kids convey the pain of feeling trapped with no end...

www.propublica.org/article/ice-...

Court-Packing and the Next Wave of Legislative Assaults on State Courts Utah’s rush to add seats to its supreme court signals a major escalation in legislative tactics to curb judicial independence.

NEW: Last month, Utah lawmakers rushed to add two seats to the state's supreme court in a brazen (but not unique) escalation in legislative tactics to curb judicial independence. @milov-cordobam.bsky.social examines major trends in legislative attacks on state courts.

What’s Next for the Next Generation of Environmental Rights Cases? Young people are building on lessons learned in recent litigation, using state constitutions and laws to develop and enforce environmental protections.

Something we're trying to do more of in @statecourtreport.org is publish pieces that tell the stories behind the development of state con law. This piece by @johnsurico.bsky.social is a fascinating account of the next generation of environmental rights cases. statecourtreport.org/our-work/ana...

Utah voter roll review finds no evidence of noncitizens casting a ballot, Lt. Gov. says An ongoing Utah review of 2.1 million voter registration records has found one noncitizen who registered to vote and zero examples of any noncitizens actually voting.

Utah's chief election officer, Lt Gov Deidre Henderson, has conducted a review of the state's voter rolls to identify any ineligible voters, including by running her rolls through the DHS SAVE Program. Guess how many non-citizens voted in Utah according to the review? Zero.

Legislative Assaults on State Courts in 2025 State legislatures retaliated against state courts that had struck down partisan gerrymanders, safeguarded direct democracy, and exerted independence from state political branches.

NEW: Excited to share this report by @milov-cordobam.bsky.social, detailing how legislatures in 2025 targeted judicial independence and sought to inject politics into state courts - at a moment when we are relying on them more than ever to protect our rights. www.brennancenter.org/our-work/res...

States have more power than many people realize to prosecute federal law enforcement for violations of state criminal law. I wrote about the legal framework governing these prosecutions in @statecourtreport.org. statecourtreport.org/our-work/ana...

In case you're wondering, yes, states can prosecute federal officials if they act beyond the scope of their duties, violate federal law, or behave in an egregious or unwarranted manner. More info here: statedemocracy.law.wisc.edu/featured/202...

The FBI sniper at Ruby Ridge was prosecuted by Idaho. The federal district court initially dismissed the charges but was overruled by the Ninth Circuit, allowing it to proceed. The case only ended when a new district attorney was elected and decided to drop it.

Remember: Federal officials do not enjoy categorical, absolute immunity from state-level prosecutions. They are entitled to removal to federal court. But conduct that is unreasonable or unnecessary for the execution of their law enforcement duties is susceptible to criminal prosecution.

The Story of the First State Constitution New Hampshire’s 1776 constitution and the story behind it set the stage for subsequent state constitutions over the next 250 years.

Happy birthday to the nation’s FIRST state constitution! Nathaniel Fouch tells the story of New Hampshire’s first effort at constitution-making 250 years ago. An important part of our national story and the spirit of ‘76. statecourtreport.org/our-work/ana...

2025’s Most Significant State Constitutional Cases Leading legal thinkers weighed in on the state constitutional rulings our readers should know about from this past year.

(1/16) 🧵🧵🧵@statecourtreport.org just published its annual year-end feature! Top legal thinkers tell us which cases from the last 12 months you all should know about.

Dang — it's been a year.

Topics include ICE action, executing innocent people, gerrymandering, and way more.

@brennancenter.org

2025’s Most Significant State Constitutional Cases Leading legal thinkers weighed in on the state constitutional rulings our readers should know about from this past year.

What state constitutional case from 2025 should our readers know about, and why?

We asked some of the country’s leading legal thinkers, and their answers highlight the myriad ways state courts can chart their own jurisprudential courses.

A must read piece to wrap up the year!

Countering Originalism This guide offers lawyers strategies, arguments, and citations to address originalist claims they encounter in litigation.

⏰NEW RESOURCE: In Countering Originalism: A Guide for Litigators, @sam-breidbart.bsky.social, @cisozaki.bsky.social, and I offer lawyers the strategies, arguments, and citations that they need to push back against originalist claims they encounter in court 🧵⬇️

www.brennancenter.org/our-work/res...

Gov. Pritzker Signs Bill to Protect Immigrants from Unjust Federal Actions HB 1312 enacts protections for immigrants as the Trump Administration terrorizes Illinois communities

The Illinois Bivens Act is now law - people can sue under state law for ICE’s constitutional violations. Which state is next? When the feds fall down on their obligations to protect people’s rights, it is time for states to step up.

gov-pritzker-newsroom.prezly.com/gov-pritzker...

Utah Republicans Are Declaring War On the Utah Supreme Court Utah Republicans are responding to losses at the Utah Supreme Court by punishing the justices who keep standing in their way.

The Utah Supreme Court is forcing Utah Republican lawmakers to comply with an anti-gerrymandering law that voters passed in 2018. In a wild coincidence, Utah Republican Governor Spencer Cox is suddenly VERY enthusiastic about adding justices to the Utah Supreme Court

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: ⬇️

State Challenges to Immigration Enforcement Practices Recent lawsuits in Wisconsin, New York, and California explore questions about the role of state law in federal immigration enforcement.

NEW: I wrote for @statecourtreport.org about the important role *state* law plays in immigration enforcement, and some ongoing litigation in WI, NY, and CA that will shape the relationship between ICE and the states and localities in which it operates. statecourtreport.org/our-work/ana...

State Supreme Court Diversity - November 2025 Update Many state supreme courts lack diversity in terms of their justices’ race, ethnicity, gender, and professional background.

State supreme courts are still overwhelmingly white & male
⚖️ 18 states: 0 justices of color
⚖️ 47 states + DC: 0 Native American justices
⚖️ 42 states: 0 Asian American justices
⚖️ 39 + DC: 0 Latino justices
⚖️ 24 states: 0 Black justices

New @brennancenter.org analysis below👇👇

Check out my latest @brennancenter.org report:

⚖️18 states: 0 justices of color
⚖️47 states + DC: 0 Native American justices
⚖️42 states: 0 Asian American justices
⚖️39 + DC: 0 Latino justices
⚖️24 states: 0 Black justices

Bottom line? States high courts still fail to reflect the communities they serve

Judge D'Agostino's ruling should also make clear to everyone that state laws *can* limit how ICE conducts itself and takes advantage of state resources.

Put another way, states are not powerless when ICE brings chaos to their doorstep.

The ruling is first and foremost an important one for people who need to access courts but would understandably be reluctant to do so with federal agents stalking the hallways

www.immigrantdefenseproject.org/wp-content/u...

United States v. State of New York The Brennan Center and co-counsel Levine Lee filed an amicus brief on behalf of former New York judges and justices in defense of New York’s Protect Our Courts Act, arguing that ICE’s warrantless civi...

D'Agostino also wrote that striking POCA would "deprive New York of its essential ability to protect its sovereign interests in the face of undue federal interference"

We filed a brief w/ former NY judges on how ICE arrests undermine NY's interest in ensuring courts remain safe and open to all.

In her decision, Judge D'Agostino rejected both arguments - writing that there is a long standing right against civil arrests when you show up to court and Congress hasn't eliminated that right.

The judge also wrote that states are clearly able to regulate conduct in their own facilities.