Law Students' Corner - University of Kansas School of Law

• Citation: Vol. 93 No. 1 Pg. 22
• Publication year: 2024
• Pages: 22

Law students' corner - university of Kansas school of law 93 J. Kan. Bar Assn 1, 22 (2024) Kansas Bar Journal February 2024

Lessons from State Constitutional Law

By Elm Beck, University of Kansas School of Law

When I signed up for State Constitutional Law taught by professor Stephen McAllister, I didn't know what I would be getting into. All I knew was that loved his other classes, and the course fit my schedule. What ultimately came out of my experience in State Con Law, however, were valuable lessons that will follow me as a future Kansas litigator.

Lesson No. 1: Your Client's Rights Are Local Given recent opinions from the U.S. Supreme Court, it is possible that your marginalized clients' rights under the U.S. Constitution have been put in question.^[1] However, there is a wealth of opportunities to advocate for your client's rights under their state constitution as well protected access to abortion.^[3] More recently, in August 2023 a judge found that Montana youth have a state constitutional right to a stable climate, invalidating state laws that prevented state officials from considering the climate impact of greenhouse gas emissions in environmental reviews.^[4]

Lesson No. 2: Creative Advocacy Is Key

State court judges know that they can interpret the state constitution differently than the U.S. Constitution. Your job as a litigator is to tell them why they should. There are many...