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New State Hurdles to Standing Threaten Abortion Ban Challenges
Georgia’s Supreme Court sent a challenge to the state’s abortion ban back to the trial court to consider if the plaintiffs, including medical providers, had standing to bring the suit.
High Stakes Supreme Court Elections in Wisconsin and Pennsylvania
With court majorities at stake in both states, 2025 may see the most expensive judicial elections ever.
In re Courtney Rae Hudson v. Arkansas Administrative Office of the Courts
Relying on the state high court's general superintending control over all state courts, vacated a circuit court preliminary injunction that had prevented the administrative office of the courts and the office of professional conduct from complying with a FOIA request for certain communications with the state supreme court chief justice. The state high court also referred the chief justice and her attorney, who had sought the injunction, to state ethics bodies.
Ellutzi v. Regents of the University of California
Two students and a professor allege university violated their state and federal constitutional rights to due process, speech, and assembly by summarily banning them from campus after they failed to disperse when the university deployed law enforcement to dismantle a "Gaza Solidarity Encampment." The trial court denied plaintiffs' motion for preliminary injunction, citing "disputed evidence."
League of Women Voters of Missouri v. State
Trial court permanently enjoined provisions restricting voter registration and absentee ballot solicitation activities, finding that they burden core political speech, constitute content- and viewpoint-discrimination, and are overbroad, in violation of state constitutional speech protections. The court also held that the provisions violate civic engagement groups' state constitutional right to associate and are unconstitutionally vague. The court determined that because the laws restrict election-related speech, not the mechanics of elections, strict scrutiny review applies.
Missouri State Conference of the NAACP v. State
Trial court upheld voter identification requirements, finding them consistent with a 2016 state constitutional amendment that a voter "may be required by general law to identify himself or herself" and not to violate the state constitutional right to vote or equal protection. The trial court determined that rational basis review is the appropriate level of scrunity, but said the law would satisfy any level.
State Court Oral Arguments to Watch for in March
Issues on the dockets include controversial ballot counting rules, a minimum wage hike, and “dark money” contributions.
State v. Pulizzi
Ruled that the criminal defendant did not have an objectively reasonable expectation of privacy in his curbside garbage based on the city's waste collection ordinance requiring special permission from the city for an exemption from waste collection service
Mitchell v. University of North Carolina Board of Governors
Will consider whether public university's termination of a tenured professor based, in part, on a letter he wrote to a department chair using offensive language violates the First Amendment, and whether lower courts' deference to the interpretation put forth by the university -- a state agency -- of its faculty employment regulations violates separation of powers.
Roman Catholic Archbishop of Washington v. John Doe, Board of Education of Harford County v. Doe, The Key School, Inc., et al. v. Valerie Bunker
Held that a law repealing a prior time bar for child sex abuse claims — which had prevented victims from suing once they turned 38 — did not violate a defendant's vested right to be free from liability because the prior time bar was an ordinary statute of limitations, not a statute of repose. The court concluded that the expiration of a statute of limitations does not create a vested right, while the running of a statute of repose does. Even absent a vested right, however, the court ruled that a law retroactively resurrecting a remedy previously precluded by a statute of limitations must bear "a real and substantial relation to the problem it addressed," but found that standard met in the context of child sex abuse claims.
