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N'Da v. Hybl
Nebraska Supreme Court held that statutory requirement that applicant seeking certificate to provide nonemergency medical transport must show the proposed service is required by "public convenience and necessity" does not facially violate state constitutional due process or bans on "special laws" or laws granting "special privileges and immunities." Also held that that the Nebraska Constitution's due process and equal protection clauses are coextensive with their federal equivalents, so federal rational basis review applies to substantive due process challenges to economic regulations, not the heightened standard the court had applied in a line of cases from the early 20th century.
People v. Eads
Michigan Court of Appeals held that a 50-year minimum sentence for a defendant convicted of second-degree murder as a juvenile is "cruel or unusual" punishment, finding that sentence constitutionally equivalent to the life-with-the-possibility-of-parole sentence the Michigan Supreme Court found "cruel or unusual" in People v. Stovall. The court also held that the defendant's sentence was disproportionate given the sentencing court's failure to consider his youth and its attendant characteristics as mitigating factors.
ICE’s New Courthouse Arrest Policy Set Them on a Collision Course with State Courts
The arrest of a Wisconsin judge comes after ICE walked back policies designed to ensure communities wouldn’t be afraid to access courts
Federal Workers Have Scant Job Protection in the Constitution
In contrast, some state constitutions protect explicitly both the civil service and public employee unions.
Michigan’s High Court Is Charting a Course Against Punitive Excess
The court has perhaps never been friendlier to criminal justice reform.
People v. Kardasz; People v. Martin
Will consider, in two cases argued together, whether mandatory lifetime sex offender registration and electronic monitoring violate the state's “cruel or unusual" punishment clause or the federal 8th Amendment, and whether lifetime electronic monitoring constitutes an unreasonable search under the state or federal constitution. With respect to the sex offender registry law, at issue is whether the court should extend its July 2024 holding in People v. Lymon that application of the registry requirement to non-sexual offenses is “cruel or unusual” punishment, to those convicted of sexual offenses as well.
People v. Jennings
Will consider what standard Michigan courts should adopt to determine whether prosecutorial misconduct bars retrial under the state’s double jeopardy clause. The defendant argues that the federal constitutional standard -- which requires proof that a prosecutor specifically intended to cause a mistrial -- inadequately protects the principles of double jeopardy and insufficiently deters egregious conduct, so an objective standard should apply under the Michigan Constitution.
Book Excerpt: Personhood: The New Civil War over Reproduction, by Mary Ziegler
The fetal personhood movement already succeeded in eliminating what many viewed as a fundamental right. Its continued effects could be even further-reaching.
Wisconsin Supreme Court Election Spells a Win for Abortion Rights
The new justice, who previously represented Planned Parenthood, joins the bench as the court is set to decide two major abortion cases.
