Rex Bossert

2 weeks ago | statecourtreport.org | Kathrina Szymborski Wolfkot |Gene Downing |David Brown |Rex Bossert

The court has perhaps never been friendlier to criminal justice reform. This month, the Michigan Supreme Court announced that mandatory life-without-parole sentences for people under the age of 21 violate the state constitution’s ban on cruel or unusual punishment. The court also held, based on a separate recent decision, that this rule applies retroactively. These decisions are the latest from a court that’s been steadily carving out a path against excessive sentencing.

Dec 5, 2024 | statecourtreport.org | Rex Bossert |Bridget Lavender |Emma Hetherington |Ting Cheng

In a country where the federal Constitution fails to guarantee sex equality, state Equal Rights Amendments (ERAs) and local laws have become essential safeguards for democracy. New York was one of several states to pass an amendment enshrining abortion rights into the state constitution last month — and the only one to do so with an inclusively worded ERA.

Nov 19, 2024 | statecourtreport.org | Rex Bossert

Court was unable to form a majority on the merits, which had the effect of leaving undisturbed lower court rulings denying a transgender woman’s request to change the sex marker on her birth certificate. The justices divided 4–3 in favor of finding that the court had jurisdiction to decide the appeal, despite a lack of an opposing party. But the four in favor of reaching the merits (Jennifer Brunner, Patrick F. Fischer, Michael P. Donnelly, Melody J.

Oct 21, 2024 | statecourtreport.org | Rex Bossert |Bridget Lavender |Emma Hetherington |Quinn Yeargain

As federal same-sex marriage rights appear increasingly vulnerable, voters are removing discriminatory language from their state constitutions.   Decades after it started, the movement to protect marriage equality at the state level is gaining renewed urgency. In 2004, the nation was embroiled in a political and cultural clash over whether people of the same sex should be allowed to marry — and the “traditional marriage” set was winning.

Nov 22, 2023 | statecourtreport.org | Alexa Askari |Janet Hoeffel |Douglas Keith |Rex Bossert

Individuals in the U.S. Virgin Islands facing criminal charges often wait years for their case to come before a jury. This is due to many factors, including difficulty selecting an unbiased jury, the small number of public defenders in the territory, and the process by which cases are passed around should a public defender be unable to take a case. Yet the Virgin Islands Supreme Court has never found a violation of the U.S. Constitution’s guarantee of a speedy trial.