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J.F. v. St. Vincent Hospital
Indiana Supreme Court established a new approach to mootness for the state constitutional and statutory right to appeal court-ordered temporary involuntary commitments confining individuals to mental health treatment facilities, holding that expiration of such an order generally will not bar appeal. Expiration will only moot an appeal if the appellee can show the absence of any collateral consequence from the temporary commitment order.
Birthmark Doula Collective v. State of Louisiana
Reproductive healthcare providers and advocates challenge a state law that reclassifies mifepristone and misoprostol as controlled dangerous substances, arguing that the law unconstitutionally regulates and delays access to medications that people need for non-abortion reasons, often for emergencies such as postpartum hemorrhage, simply because those medications may also be used for an abortion. They allege the law violates the state constitution's equal protection clause and single-subject and germane-amendment rules.
Despite Constitutional Amendment, Abortion Still Out of Reach in Missouri
The Missouri Supreme Court reinstated restrictions on abortion this week, effectively making the procedure impossible to access in the state.
After U.S. Supreme Court Ruling, It’s Back to States’ Laboratories for Religious Charter Schools
An evenly split Court left in place the Oklahoma Supreme Court’s decision that granting a charter to a religious school was unconstitutional.
State v. Adrian Fernandez
The Oregon Supreme Court will consider whether a law that restricts appellate courts’ authority to review a sentence that falls within the range set in guidelines by the state criminal justice commission precludes appellate review of a state constitutional challenge to that sentence. In an amicus brief, the American Civil Liberties Union argues that interpreting the law to preclude such appellate review would violate separation of powers and the state constitution's equality guarantee.
Amanda Barrow
Amanda Barrow is a senior staff attorney with UCLA Law’s Center on Reproductive Health, Law, and Policy.
The Role of History and Tradition in State Court Abortion Cases
Some state courts weighed historical evidence and found abortion rights protections, diverging from the U.S. Supreme Court’s approach in Dobbs.
Stary v. Ethridge
Texas Supreme Court held that due process requires a heightened evidentiary standard to support a protective order prohibitng contact between a parent and child for longer than two years, likening such an order to a government's termination of parental rights. Instead of the ordinary civil preponderance of the evidence standard, a court must find the statutory requirements for such an order by clear and convincing evidence and must consider the best interests of the child.
Dispute over Abortion for Florida Teen Could Have Far-Reaching Consequences
A showdown over parental rights, abortion access, fertility care, and more could follow a recent state court decision.
Vaccines, Religious Freedom, and Parental Rights
Massachusetts’s supreme court ruled last week that the state violated religious freedom guarantees when it vaccinated a child in its custody over parental objections.
