Research

Earlier this year, the Supreme Court of North Carolina invalidated the congressional and state legislative district maps the North Carolina General Assembly drew following the 2020 census. The fight over the state’s congressional map is now before the U.S. Supreme Court in Moore v. Harper. That attention-getting case will consider whether the “independent state legislature theory,” a proposed interpretation of the federal constitution, limits the role of state courts and constitutions in regulating federal elections. If the Supreme Court ultimately accepts that theory, its ruling may well preclude state courts from overturning congressional maps under a state’s constitution, as the North Carolina Supreme Court did.

Over the past decade, North Carolina’s voter ID requirements have generated substantial controversy—and litigation. This week, the North Carolina Supreme Court is scheduled to hear oral arguments in a challenge to the latest version of the state’s voter ID law.

When Wisconsin voters were asked in 2020 whether to amend the state constitution to better protect the rights of crime victims, the response was overwhelming: the referendum passed by a three-to-one margin. But did voters know what they were getting? That’s the question at the heart of the first case of the Wisconsin Supreme Court’s new term, Wisconsin Justice Initiative, Inc. v. Wisconsin Elections Commission.

Governmental power in the United States has always been divided between the federal government and state governments, each providing a check on the other. As states face controversial federal government actions, they are pursuing or considering an array of options in response.

In a series of ongoing projects, we are examining some of the potential tools states have to help counter federal abuses of power. These studies aim to provide in-depth legal background and context for anyone interested in learning more about how our federalist system creates space for and seeks to manage confrontations between states and the federal government. Questions considered include whether states prosecute federal officials, states can create damages remedies against federal officials, and states can prohibit federal law enforcement from masking on the job?