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Assurecare Adult Home v. Bolina
Washington Supreme Court will consider a challenge by residential caregivers to elderly and disabled adults to an exclusion in the state's minimum wage law for live-in caregivers, brought under the state constitution's "privileges and immunities" clause.
J.P. Morgan Chase v. City of Corsicana
Texas Supreme Court will consider whether a state constitutional provision authorizing publicly-funded economic development programs is subject to the state constitution's "gift clauses," restricting grants of public money to private entities.
State Court Oral Arguments to Watch for in September
Issues on the dockets include charter schools, minimum wage for live-in caregivers, online arbitration agreements, and a controversial handwritten date requirement for mail ballots.
The Power of State Constitutional Rights
Judges, practitioners, and scholars explore critical issues facing state courts and constitutions.
State v. Hidlebaugh
Iowa Supreme Court will consider whether a trial court's imposition of a harsher sentence based at least in part on the defendant's financial inability to purchase a home violates the state and federal equal protection clauses.
Center for Arizona Policy v. Arizona Secretary of State
Arizona Supreme Court will consider allegations that a campaign-disclosure law violates state constitutional rights to free speech and not to be disturbed in "private affairs," as well as separation of powers. Lower courts dismissed the claims.
Baxter v. Philadelphia Board of Elections
Pennsylvania Supreme Court will consider whether it violates the state constitution's "free and equal" elections clause not to count a mail ballot because the voter failed to comply with a state law requiring the date to be handwritten on the ballot's outer envelope.
Commonwealth v. Shivers
Pennsylvania Supreme Court will consider whether a person fleeing from officers in a high-crime area, standing alone, can create reasonable suspicion to make a police stop lawful under the state constitution's search and seizure clause.
Chilutti v. Uber
Pennsylvania Supreme Court will review a lower court's decision to impose a stricter standard than federal courts have applied for when to enforce online arbitration agreements against a user who lacks actual knowledge of the terms, to protect the strong right to a jury trial in the state's constitution.
Commonwealth v. Council for Better Education; LaFontaine v. Council for Better Education
Kentucky Supreme Court will consider whether a law providing for public charter schools violates the state constitution's requirement that the legislature establish "an efficient system of common schools" and related provisions.