Nicholson v. State
The Missouri Supreme Court held that addition of a provision allowing the attorney general to immediately appeal preliminary injunctions against state laws during the enactment of a 2025 statute, unconstitutionally altered the bill’s original purpose to modify judicial review of ballot measure language. Because the court invalidated the law on that basis, it did not reach whether the provision allowing the attorney general to appeal violates equal protection because other litigants do not enjoy that same immediate appellate right.
Related Commentary
State Court Oral Arguments to Watch for in January
Issues on the dockets include legislative responses to Missouri’s voter-approved reproductive rights amendment, Utah’s execution methods, and Idaho’s school-choice program.