- I *always* learn something when @ijsanders.bsky.social writes for State Court Report, even (especially?!) when I have a different view. He grapples with genuinely hard questions about how to give meaning to capacious state constitutional language protecting liberty. An excellent read!
- “Fundamental rights” in state courts are in a state of confusion. I argue in @statecourtreport.org that’s because the old “fundamental vs nonfundamental” paradigm doesn’t work anymore. Instead, advocates (even progressives!) should “Make Lochner Your Friend.” 🧵 statecourtreport.org/our-work/ana...