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Valoaga v. State
Held that Department of Corrections' application of preponderance of the evidence standard, rather than clear and convincing evidence standard, in disciplinary proceedings did not violate pretrial inmate's right to due process
State v. Dodge
Held that the defendant adequately preserved, for purposes of appellate review, his argument that his second trial violated his rights against double jeopardy
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.
Lawsuits Allege Unlawful Surveillance of Pregnant Patients
According to the allegations, hospitals and state agencies in New Jersey and Vermont violated rights to privacy and bodily autonomy by drug testing and monitoring pregnant people.
Attorney General v. Hood
Held that the state’s civil rights charges against the Nationalist Social Club-131, a white nationalist and neo-Nazi organization operating in the New England area, in connection with a July 2022 incident where members displayed banners reading “KEEP NEW ENGLAND WHITE” from a highway overpass without a permit, impermissibly chilled the defendant’s constitutional right of free speech and premised on an overbroad reading of the statute
Montana Environmental Information Center & Sierra Club v. Montana Department of Environmental Quality
Held that the Department of Environmental Quality appropriately considered noise impacts of a proposed project as required under the Montana Environmental Policy Act, but did not analyze lighting impacts and greenhouse gas emissions as required under the then-applicable language of the Act
Montana Trout Unlimited v. Montana Department of Natural Resources & Conservation
Held that the exemption of dewatering from the Montana Water Use Act's permitting requirements did not violate the water rights section of the state's constitution
State v. Nelson
Held that community custody conditions requiring the criminal defendant submit to breath analysis and urinalysis testing to monitor compliance with conditions prohibiting use of alcohol and unprescribed drugs were supported by authority of law, and thus were constitutional under art. 1 sec. 7 of the Washington Constitution, regardless of whether they were related to his specific crimes
Hicks v. State
Will consider whether Wyoming's "cruel or unusual" punishment clause provides greater protections against mandatory life-without-parole sentences for late adolescents (those who were under 21 at the time of the crime) than the federal Eighth Amendment does. Will also consider whether such sentences violate state constitutional clauses providing the "penal code shall be framed on the humane principles of reformation and prevention" and for equal protection.
