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Ferguson v. Department of Transportation
Pennsylvania Supreme Court held that counting prior participation in a diversionary program to resolve a driving-under-the-influence charge as a prior offense prompting a driver's license suspension for a subsequent conviction does not violate substantive due process under the state constitution.
Katherine Steefel
Katherine Steefel is an Assistant Professor of the Practice of Law at the University of Denver’s Sturm College of Law.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Alaska v. Planned Parenthood of the Great Northwest
Alaska Supreme Court will consider whether the state's ban against advanced practice clinicians performing medication and aspiration abortions violates the state constitutional privacy right to make reproductive decisions or equal protection.
Columbus City School District v. State
Trial court found the state’s recently expanded EdChoice school voucher program violates the state constitution’s requirement of “a thorough and efficient system of common schools.”
Harrison Stark
Harrison Stark is Senior Counsel, Director of Special Projects at the State Democracy Research Initiative at the University of Wisconsin Law School.
Resuscitating State Damages Remedies Against Federal Officials
There are forceful legal arguments that individuals can use state civil rights statutes to sue federal employees who violate the U.S. Constitution.
Center for Coalfield Justice v. Washington County Board of Elections
Pennsylvania Supreme Court held a county election board policy that provided no notice to voters whose mail-in ballots were disqualified for errors and gave the misimpression they could not vote by provisional ballot violated voters' procedural due process rights
Robust Missouri Dispensary 3 v. St. Louis County
Missouri Supreme Court held that the definition of "local government" in a 2022 amendment legalizing recreational marijuana use plainly prevents both counties and cities from imposing sales tax on the same marijuana products.
Englewood Hospital & Medical Center v. State
New Jersey Supreme Court rejected claims by a group of hospitals that the state’s “charity care program” — which prevents them from turning away people unable to pay and from billing qualified patients — constitutes an illegal "per se" or regulatory taking under the state and federal constitutions.
