Douglas Keith

New York

Counsel, Democracy Program at Brennan Center

Senior Counsel @BrennanCenter, focus on courts + state constitutions. Co-founding editor @StateCourtRpt. Dad x 2.

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Articles

State Constitutional Challenges to Laws Defining Sex

1 month ago | statecourtreport.org | Constance Van Kley |Alicia Bannon |Douglas Keith |Maya Adhikari

A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary. Constance Van Kley is an assistant professor at the Blewett School of Law at the University of Montana. She was involved in her private capacity in the early stages of the Edwards v. Montana litigation.
ICE’s Courthouse Arrest Policy Collides with State Courts

2 months ago | brennancenter.org | Douglas Keith

On Friday, federal law enforcement arrested a Wisconsin state judge for allegedly obstructing an immigration arrest at her courthouse. The move is an escalation in the conflict between the Trump administration and local authorities over immigration policies. It also undermines the ability of judiciaries to effectively carry out their duties.
Trump’s Arrest of a Wisconsin Judge Puts Us All at Risk

2 months ago | slate.com | Douglas Keith

This piece was originally published on State Court Report, a hub for reporting, analysis, and commentary about state courts and constitutions. State Court Report is a project of the Brennan Center for Justice. On Friday, federal law enforcement arrested a Wisconsin state judge for allegedly obstructing an immigration arrest at her courthouse. The move is an escalation in the conflict between the Trump administration and local authorities over immigration policies.
Civil Rights

Mar 26, 2025 | statecourtreport.org | Mary Adkins |Douglas Keith |Julia R. Livingston |Alicia Bannon

State constitutions guarantee equality, freedom from discrimination, fair treatment under the law, and a broad range of other civil rights. Issues that regularly crop up in state court include discrimination on the basis of race, ethnicity, national origin, sex, sexual orientation or identity, age, or disability, abuses of power by government actors, as well as the availability of monetary damages for such state constitutional violations.
Wisconsin Supreme Court Race Breaks Spending Record, Fueled by Out-of-State Money

Mar 24, 2025 | brennancenter.org | Ian Vandewalker |Douglas Keith

The upcoming election for a seat on the Wisconsin Supreme Court just became the most expensive judicial race in American history. Thanks to unlimited spending allowed by Citizens United and other court decisions, money is flowing into the race from all over the country. This infusion of national spending risks drowning out voices from within the state.
The Stakes in These Two States’ Judicial Elections Could Not Be Higher

Mar 3, 2025 | slate.com | Douglas Keith

Jurisprudence By This piece was originally published on State Court Report, a hub for reporting, analysis, and commentary about state courts and constitutions. State Court Report is a project of the Brennan Center for Justice. Only two states are holding races this year for spots on their high courts, but the elections involve some of the highest stakes and most expensive judicial contests ever.
Justices Battle for Control of the Arkansas Supreme Court

Feb 18, 2025 | statecourtreport.org | David Brown |Douglas Keith |Morgan Munroe

The Arkansas Supreme Court is engaged in a public power struggle over who has the ultimate authority to make administrative decisions for the institution — a constitutional confrontation pitting the state’s newly elected chief justice against the majority of her colleagues.
State High Court Judges Reflect on Their 'Dream Careers'

Nov 12, 2024 | statecourtreport.org | Douglas Keith |Michael Milov-Cordoba |Eli Savit |Morgan Munroe

In February 2024, the Brennan Center for Justice, State Court Report, and the NYU Law Review hosted a symposium dedicated to state constitutional law. Several state supreme court justices who participated sat down for interviews with State Court Report. Among the questions we asked them was, “When you were younger, what was your dream career?”The answers were inspiring, illuminating, and surprising. Many of the state high court justices didn’t expect to become lawyers at all.
Very Close Race for North Carolina Supreme Court Seat

Nov 7, 2024 | statecourtreport.org | Douglas Keith |Michael Milov-Cordoba |Eli Savit |Morgan Munroe

Key judicial races in other states brought an expanded Democratic majority in Michigan and solidified GOP control in Ohio. This post will be updated as results become official. Last updated on November 19, 2024. Voters in 29 states elected justices to 69 seats on their states’ highest courts this fall.
How the Most Important Judicial Votes Played Out on Election Day

Nov 7, 2024 | slate.com | Douglas Keith

Jurisprudence By This piece was originally published on State Court Report, a hub for reporting, analysis, and commentary about state courts and constitutions. State Court Report is a project of the Brennan Center for Justice. Voters in 29 states elected justices to 69 seats on their states’ highest courts this week.