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Emily Lau

@ewylau

β€œIf it’s dark outside, light the fire yourself.” 🌾 Staff Attorney @uwlawdemocracy.bsky.social . 🦑 Posts are my own. 🌈

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11.10.2023
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Latest posts by Emily Lau @ewylau

Explainer: Can the Federal Government Force States to Hand Over Citizens’ Voter Information? Derek Clinger, Senior Counsel PDF Available Here Published: December 19, 2025 In late October 2025, Michigan Secretary of State Jocelyn Benson released an unusual video message β€œwarning” the state’s r...

1/ Starting a thread to track the DOJ voter data litigation as courts begin hearing these cases. So far, DOJ has sued 23 states + DC for refusing to hand over sensitive voter data like SSNs and driver's license numbers.

My full analysis: statedemocracy.law.wisc.edu/featured/202...

14.01.2026 14:04 πŸ‘ 5 πŸ” 4 πŸ’¬ 1 πŸ“Œ 0
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Americans by Name, Punished for Believing It - Bolts This story was produced in partnership withΒ High Country News. I. The state troopers came first for Tupe Smith.Β  They arrived in a pair on November 30, 2023, traveling a stretch... Read More

American Samoans, unique among *everyone* born in US states or territories, are denied US citizenship.

That means they are banned from voting.

That's made some a target of vicious GOP prosecution for fraud; even if they were told incorrect info from public officials.

A. New. Must. Read.

08.01.2026 16:25 πŸ‘ 1173 πŸ” 515 πŸ’¬ 24 πŸ“Œ 55
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Minnesota Could Prosecute the ICE Shooter. Trump Can’t Pardon Him. Shortly after an ICE officer shot and killed a woman in Minneapolis, city leaders began looking into whether the officer had violated state criminal law.

Wrote a piece for @slate.com explaining that states have a long history of prosecuting federal officers when they allegedly use excessive force. Federal officers are only immune from such prosecutions when they act reasonably in carrying out lawful duties.

07.01.2026 23:29 πŸ‘ 2926 πŸ” 1059 πŸ’¬ 60 πŸ“Œ 50

In case you're wondering, yes, states can prosecute federal officials if they act beyond the scope of their duties, violate federal law, or behave in an egregious or unwarranted manner. More info here: statedemocracy.law.wisc.edu/featured/202...

07.01.2026 19:13 πŸ‘ 23 πŸ” 11 πŸ’¬ 0 πŸ“Œ 1
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Are Federal Officials Immune From State Prosecution? Contrary to recent assertions, federal officers do not have blanket immunity from criminal prosecutions brought by states.

Might be a good time to re-up this @lawfaremedia.org piece by @bgodar.bsky.social
www.lawfaremedia.org/article/are-...

07.01.2026 21:45 πŸ‘ 377 πŸ” 168 πŸ’¬ 9 πŸ“Œ 4
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In Illinois, Trans People With Criminal Records Still Face Hurdles to Changing Their Names - Bolts Illinois earlier this year removed obstacles that some trans residents face when changing their name, with legislators lifting more of the restrictions faced by people with criminal convictions.Β  The ...

My last freelance piece of the year published yesterday in @boltsmag.org, taking a look at how Illinois' name change law still disproportionately impacts trans people with criminal histories. boltsmag.org/illinois-nam...

19.11.2025 15:46 πŸ‘ 77 πŸ” 24 πŸ’¬ 0 πŸ“Œ 1
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Hastie Fellowship Applications | University of Wisconsin Law School We use cookies to improve your experience on our website. You agree to the UW–Madison Privacy Notice by continuing to browse without changing your browser settings to block or delete cookies.

Are you an attorney interested in a career in law teaching? The Hastie Fellowship is a two-year program that supports aspiring scholars in becoming law professors.
Applications for the Fall 2026 Fellowship are encouraged to be submitted by this Sunday, Nov. 16. Learn more and apply: buff.ly/J1MrKkK.

14.11.2025 20:30 πŸ‘ 0 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
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Join us for β€œEducation Rights and State Constitutions” on Friday, September 12 from 3:00-4:15pm Central Time, with a reception to follow. This event will take place in-person in Room 2260 in the UW Law School, with the option to attend virtually. go.wisc.edu/7ig7qx

15.08.2025 15:21 πŸ‘ 5 πŸ” 3 πŸ’¬ 0 πŸ“Œ 2
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Exploring State Checks Against Federal Overreach States have many tools to help counter federal abuses of power. Facing a torrent of controversial federal government actions, states today are pursuing or considering an array of options. In a series ...

Can states criminally prosecute wrongdoing by federal officials? Can states authorize people to bring civil damages actions against federal officials who act unconstitutionally? We explore these questions in two new explainers. 1/ go.wisc.edu/yb8t55

08.08.2025 19:16 πŸ‘ 10 πŸ” 8 πŸ’¬ 2 πŸ“Œ 2
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Join us for "The Work of State Supreme Courts" on May 30, from 9-10:30am, featuring state supreme court justices from across the country!

Register for in-person or online⬇️
go.wisc.edu/p12jci

02.05.2025 17:56 πŸ‘ 7 πŸ” 5 πŸ’¬ 1 πŸ“Œ 1
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@uwlawdemocracy.bsky.social senior staff attorney @derekclinger.bsky.social published a new paper exploring whether Ohio legislators can override voter-approved laws based on the state's constitution: bit.ly/4jHMUDV

25.04.2025 14:04 πŸ‘ 2 πŸ” 2 πŸ’¬ 0 πŸ“Œ 0

The Wisconsin Supreme Court today upheld Gov. Evers’s creative partial veto that struck digits and dashes to extend a school revenue limit increase by 400 years: www.wicourts.gov/sc/opinion/D...

18.04.2025 14:18 πŸ‘ 178 πŸ” 33 πŸ’¬ 6 πŸ“Œ 5

Our fantastic program coordinator is off to law school, so we're looking for someone to replace him this summer. Please share the listing!

15.04.2025 16:59 πŸ‘ 5 πŸ” 3 πŸ’¬ 0 πŸ“Œ 0
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Newark Teens Gear Up for School Board Elections After Voting Age Extended to 16 This month for the first time, 16- and 17-year olds will help decide Newark’s school board members thanks to a measure passed last year, just the third reform of its kind in the nation.

This coming Tuesday, 16- and 17-year olds will be allowed to vote in school board elections in Newark.

Approximately 6,500 teens are eligible, marking a significant shift in who gets to shape education policy. boltsmag.org/newark-...

11.04.2025 17:30 πŸ‘ 103 πŸ” 17 πŸ’¬ 1 πŸ“Œ 5
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An OH court struck down parts of a law banning gender-affirming care for minors. @aliciabannon.bsky.social breaks down this notable ongoing case, which shows how state constitutions can independently protect trans people. For the latest state court news, subscribe: go.statecourtreport.org/subscribe

09.04.2025 18:21 πŸ‘ 36 πŸ” 12 πŸ’¬ 0 πŸ“Œ 2
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Explainer: Wisconsin Supreme Court Race Bryna Godar, Staff Attorney Bree Grossi Wilde, Executive Director PDF Available Here Published: March 12, 2025 On April 1, 2025, Wisconsin voters will choose the newest justice on the Wisconsin Suprem...

Wisconsin's high-stakes April 1 Supreme Court election could chart the state's course on abortion, voting rights, unions, and more. Our new explainer gets beyond the campaign ads with detailed coverage of the candidates' judicial records and stances on key issues.
go.wisc.edu/17km66

12.03.2025 20:59 πŸ‘ 3 πŸ” 6 πŸ’¬ 0 πŸ“Œ 1
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Clerking on a State Supreme Court Judges from high courts across the country share insights for law students and recent graduates.

LAW STUDENTS: State courts represent the next legal frontier for issues like criminal law, civil rights, environmental law, and more.

Join us Monday, March 17, 3pm ET for a discussion with sitting state high court justices on everything you need to know about state supreme court clerkships. RSVP:

07.03.2025 18:57 πŸ‘ 3 πŸ” 1 πŸ’¬ 0 πŸ“Œ 0
Local Perspectives: Mayors in American Governance Join us for "Local Perspectives: Mayors in American Governance" on Tuesday, April 1, from 12:00-1:00pm Central Time.

Join us for β€œLocal Perspectives: Mayors in American Governance” on Tuesday, April 1, from 12-1pm CT, at the UW Law School. Panelists include Mayors Julia Arata-Fratta, David Holt, Kim Norton, Steve Patterson, and Sangeetha Rayapati. Miriam Seifter is moderating.
Register here: go.wisc.edu/x8j35p

05.03.2025 15:51 πŸ‘ 6 πŸ” 4 πŸ’¬ 0 πŸ“Œ 0
Explainer: Judicial Recusal in Wisconsin and Beyond Derek Clinger, Senior Staff Attorney Professor Robert Yablon, Faculty Co-Director PDF Available Here Table of Contents Introduction I. Background: The Law of Judicial Recusal A. Federal Constitutional...

As money pours into the Wisconsin Supreme Court race from Elon Musk, George Soros, political parties, and others, it's a good time to revisit our explainer on judicial recusal from 2023. Bottom line: campaign contributions usually don't require recusal. statedemocracy.law.wisc.edu/featured/202...

27.02.2025 14:22 πŸ‘ 2 πŸ” 4 πŸ’¬ 0 πŸ“Œ 0

Here's a list of user-friendly resources about state courts and constitutions, like:

-an interactive map on abortion rights

-a curated database of important state constitutional rulings & briefs

-details on judicial financial disclosures

and way more

@statecourtreport.bsky.social

26.02.2025 13:38 πŸ‘ 118 πŸ” 49 πŸ’¬ 2 πŸ“Œ 1

Not surprised that it's community colleges that are fighting back. Community colleges serve the greatest number of people facing systemic barriers. A large percentage of community college students are the first in their family to attend college.

18.02.2025 15:51 πŸ‘ 4238 πŸ” 1337 πŸ’¬ 26 πŸ“Œ 30
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State Constitutions Lab: Seminar with Adam Sopko (Wisconsin) "The Supervisory Power of State Supreme Courts" Thursday February 27, 1:00 PM Virtual and In-Person

Calling historians, legal scholars, and constitutional studies crowd!

The State Constitutions Lab will hold our first seminar of the year with Adam Sopko (Wisconsin) on Feb 27 @ 1 PM (EST) to discuss his essay "The Supervisory Power of State Supreme Courts"

RSVP here: forms.gle/DL1DLb2tdfMj...

17.02.2025 03:32 πŸ‘ 12 πŸ” 9 πŸ’¬ 0 πŸ“Œ 2
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Legal Director - State Democracy Research Initiative - Madison, Wisconsin, United States Job Summary: The Legal Director's precise portfolio can be tailored to their interests and experience, but we anticipate that their work will primarily involve guiding our amicus brief strategy and ...

We’re hiring! SDRI is searching for a Legal Director and a Senior Staff Attorney or Staff Attorney. Read more about these positions and apply here:

Legal Director posting: go.wisc.edu/d0fq8t
Senior Staff Attorney/Staff Attorney posting: go.wisc.edu/37e3w9

14.02.2025 22:00 πŸ‘ 8 πŸ” 8 πŸ’¬ 0 πŸ“Œ 6
Understanding State Supreme Court Elections: Wisconsin & Beyond A moderated panel featuring leading experts in judicial elections and campaign dynamics.

Join us for β€œUnderstanding State Supreme Court Elections: Wisconsin and Beyond” Friday, March 7 at 3pm CT, at the UW Law School or online. Panelists include @bcburden.bsky.social, Michael Kang, and @yeargain.bsky.social, with @miriamseifter.bsky.social moderating.
Register here: go.wisc.edu/96y654

10.02.2025 14:59 πŸ‘ 8 πŸ” 7 πŸ’¬ 0 πŸ“Œ 0

Judge Myers has remanded the case back to the NC Supreme Court.

06.01.2025 22:33 πŸ‘ 1 πŸ” 0 πŸ’¬ 0 πŸ“Œ 0
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In 1902, Oregon became the third state to enshrine direct democracy in its state constitution. Proponents argued that the initiative would keep power in the hands of the people. Voters agreed, ratifying the change with 92% in favor.

Learn more at 50constitutions.org/or

06.01.2025 18:44 πŸ‘ 6 πŸ” 2 πŸ’¬ 0 πŸ“Œ 0
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In 2022, New Mexico voters approved an amendment to fund early childhood education through the Land Grant Permanent Fund, which also funds New Mexico’s public school system.

Learn more at: 50constitutions.org/nm

02.01.2025 18:39 πŸ‘ 4 πŸ” 1 πŸ’¬ 0 πŸ“Œ 1
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2024’s Most Significant State Constitutional Cases Legal experts identified the most important cases that advanced state constitutional rights this year.

NEW: What were the most significant state constitutional cases of 2024? Read answers from @leahlitman.bsky.social @miriamseifter.bsky.social @dbrodriguez.bsky.social @yeargain.bsky.social Erwin Chemerinsky & many more in @statecourtreport.bsky.social statecourtreport.org/our-work/ana...

20.12.2024 15:32 πŸ‘ 54 πŸ” 28 πŸ’¬ 3 πŸ“Œ 2
Explainer: North Carolina Supreme Court Election Protest Emily Lau, Staff Attorney PDF Available Here More than a month after the November 2024 election, the result of the North Carolina Supreme Court race is still uncertain. There have been two recountsβ€”on...

The outcome of November's NC Supreme Court election is being litigated, with more than 60,000 votes being challenged. This explainer from SDRI’s @ewlau.bsky.social offers background on the dispute and how it made its way to court: statedemocracy.law.wisc.edu/featured/202...

20.12.2024 20:22 πŸ‘ 10 πŸ” 8 πŸ’¬ 0 πŸ“Œ 3
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This decision is eminently reasonable under the state constitution's unusually strong protections for the environment. It's a very different beast from federal climate lawsuits, rooted squarely in the text of Montana law and precedent. juddocumentservice.mt.gov/getDocByCTra...

18.12.2024 18:26 πŸ‘ 545 πŸ” 39 πŸ’¬ 2 πŸ“Œ 1