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Are State Constitutional Clauses that Strengthen Gun Rights Relevant After Bruen?
States have continued to pursue amendments requiring strict scrutiny for gun restrictions even after the Supreme Court turbocharged the Second Amendment with an originalist approach.
ARKK Properties, LLC v. Cameron
Held that statute permitting officials sued for alleged constitutional violations to compel transfer of the suit to another randomly-selected circuit court violates separation of powers
State Court Oral Arguments to Watch for in February
Issues on the dockets include a fetal heartbeat law, police use of force, and academic freedom.
Scholarship Roundup: New Year Edition
The last few months brought a rich array of articles and books about state constitutions, courts, and governance.
Anderson v. Clarke
Virginia Supreme Court affirmed denial of habeas petition claiming state Department of Corrections wrongly interpreted a budget provision related to sentencing credits, violating ex post facto and due process clauses
In States with Abortion Bans, When Does a Medical Emergency Trigger an Exception?
Doctors have delayed life-saving care out of confusion over exceptions to strict abortion bans. State courts are being asked to clarify the laws.
Local Abortion Restrictions Preempted in New Mexico
The New Mexico Supreme Court struck down an attempt by conservative activists to create anti-abortion enclaves in the state, which has expansive abortion protections.
State v. Hinman
Ruled that retroactive application of amended Sexual or Violent Offender Registration Act violated prohibition against ex post facto punishment because law is “punitive in nature”
Burroughs v. State
Ruled that the constitutional right to bail permits the attachment of unaffordable financial conditions to a dangerous defendant's pretrial release
Timothy Sandefur
Timothy Sandefur is the Vice President for Legal Affairs at the Goldwater Institute.
