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Virginia Courts Are Revisiting How to Interpret the State Constitution
A recent case announcing greater state protection of religious liberties than under federal law marked a turning point in Virginia jurisprudence.
Griffin v. State Board of Elections
A candidate for a seat on the North Carolina Supreme Court, who lost by over 700 votes, claims that the state board of elections followed an incorrect process for registering voters and seeks in invalidate more than 60,000 votes.
An Ohio Court Strikes Down Ban on Gender-Affirming Care for Minors
Citing the state’s health care freedom amendment, the court ruled that Ohio’s restrictions on transgender youth care violate the state constitution.
Washington, DC Needs Stronger ‘Home Rule’
Most state constitutions allow municipal governments autonomy over local matters. Washington, DC’s policies, by contrast, must go to Congress for approval.
Amdor v. Grisham
Denied portion of original petition alleging that governor's executive orders declaring or addressing gun violence and drug abuse as public health emergencies pursuant to the state's Public Health Emergency Response Act violate either the scope of that law or separation of powers. But granted petition to extent it challenged part of the orders suspending a juvenile detention program for exceeding the limits of the state's police power.
A North Carolina Court Decision Could Overturn a 2024 State Supreme Court Election
The decision allows for rewriting election rules after votes have already been counted, moving the losing candidate closer to his goal of having more than 60,000 ballots thrown out.
State v. Hall
Kansas intermediate appellate court held that the state constitutional right to "keep and bear arms" should be applied independently of, and not in lockstep with, the federal Second Amendment. Applying strict scrutiny, the court found a state ban on gun possession by people convicted of certain felonies for a term of years after their release from prison to be narrowly tailored to a compelling interest in ensuring public safety.
People v. Poole
Michigan Supreme Court held that its 2022 decision in People v. Parks — that mandatorily sentencing to life-without-parole defendants who were 18 at the time of their charged crimes violates the state's "cruel or unusual" punishment clause — applies retroactively. Thus, defendants in cases where the period for direct review had expired when Parks was decided are entitled to resentencing.
