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How Not to Criticize a Judge
The Montana Supreme Court recently splintered over internal accusations of partisan bias.
Planned Parenthood South Atlantic v. South Carolina (Planned Parenthood 2)
South Carolina Supreme Court held that a "fetal heartbeat" — as defined in a state law banning most abortions at the point such a heartbeat is detected — occurs when electrical impulses are first detectable as a "sound" with diagnostic medical technology and a medical professional observes those electrical impulses as a "steady and repetitive rhythmic contraction of the fetal heart." Although declining to define that point in terms of a number of weeks, the court said it "occurs in most instances at approximately six weeks of pregnancy." The court also held that the law is not unconstitutionally vague.
Birthmark Doula Collective v. State of Louisiana
Reproductive healthcare providers and advocates challenge a state law that reclassifies mifepristone and misoprostol as controlled dangerous substances, arguing that the law unconstitutionally regulates and delays access to medications that people need for non-abortion reasons, often for emergencies such as postpartum hemorrhage, simply because those medications may also be used for an abortion. They allege the law violates the state constitution's equal protection clause and single-subject and germane-amendment rules.
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.
The Trouble Between Trump and the States on Education Policy
School services, funding, and DEI programs are at stake.
Dylan Erikson
Dylan Erikson is a student at NYU Law School. He previously participated in the Brennan Center’s Public Policy Advocacy Clinic.
McCarty v. Missouri Secretary of State
Missouri Supreme Court held that plaintiff business groups and voters had failed to show that the ballot summary and fiscal note summary for an approved measure increasing the state's minimum wage and providing paid sick leave were inadequate or unfair. The court also held that its constitutionally and statutorily derived original jurisdiction over post-election contests is limited to matters related to the election process and does not extend to claims about the validity of a ballot measure.
Planned Parenthood of Montana v. State (Planned Parenthood 1)
Montana Supreme Court held that a 20-week abortion ban; restrictions on medication abortions, including a telehealth ban and 24-hour waiting period; and requirement that providers give patients an opportunity to view an ultrasound and listen to a fetal heartbeat violate the express right to privacy in the state constitution.
Attorney General Duties Are a Frequent Target of Legislative Gamesmanship
Legislatures in multiple states have stripped power from attorneys general they disagree with politically.
Georgia Supreme Court Allows Under-21 Handgun Carry Ban
The court looked to the state’s own constitutional history rather than following recent U.S. Supreme Court gun decisions.
