Marcus Gadson
Marcus Gadson will be an Associate Professor of Law at the University of North Carolina—Chapel Hill starting on July 1. He is the author of the forthcoming book Sedition: How America’s Constitutional Order Emerged From Violent Crisis about the history of constitutional crisis in America. Follow him on X.
Contributions
North Carolina Could Be on the Verge of a Constitutional Crisis
If the courts hand a victory to the state’s losing supreme court candidate, citizens across the political spectrum could perceive the court as unfair — and the justices risk losing their legitimacy.
North Carolina’s Constitution of Contrasts
The state’s 55-year-old constitution offers progressive protections like a right to education while retaining elements of state-sponsored efforts to prevent Black progress in the post-Reconstruction era.
2024’s Most Significant State Constitutional Cases
Legal experts identified the most important cases that advanced state constitutional rights this year.
Confederate Monuments and State Constitutions
Courts considering removal of Confederate monuments have ignored southern states’ Reconstruction-era commitments to maintaining national unity and respecting racial equality.
Single-Subject Rules Can Prevent Perverse Outcomes but Give Judges Enormous Power
Single-subject requirements were used to strike down a Missouri law criminalizing homelessness and also helped undermine attempts to protect abortion access in other states.
2023’s Most Significant State Constitutional Cases
Over a dozen academics, practitioners, and thought leaders weigh in on the most notable state constitutional cases of the year.
People with Felony Records Face High Hurdles to Regaining Voting Rights in Tennessee
A recent Tennessee Supreme Court case that made it harder for those convicted of a felony to vote could could tip the balance in close elections.
Washington Voters Used Their Constitutional Recall Power to Remove School Board Members
The Washington Supreme Court approved the recall effort despite the state constitution’s strict requirements for recalling officials.
Iowa Supreme Court Reverses Itself on Lawsuits for Constitutional Rights Violations
Overturning a recent precedent, the court ruled that Iowans have no right to sue for money damages when government officials violate their rights.
Judicial Whiplash in North Carolina Redistricting Case
The new court majority reversed itself and found the state constitution powerless to confront partisan gerrymandering.
Nevada Supreme Court Chips Away at Immunity for Law Enforcement Misconduct
A recent decision will help plaintiffs win damages when government officials violate the state constitution.