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Fann v. Kemp
Held that legislative privilege protects senate communications regarding audit of 2020 election from disclosure, as audit was a legislative, not administrative or political, matter
State v. Collins
Ruled second degree harassment statute is not unconstitutionally overbroad so long as it applies to a limited core of unprotected conduct and communication
NECEC Transmission LLC v. Bureau of Parks & Lands
Ruled legislation retroactively applied to construction project violates due process if developer had acquired constitutionally protected vested rights to proceed with project
Lyons v. Secretary of the Commonwealth
Ruled legislature’s power to expand early voting options was not limited by constitution’s absentee ballot provision, rejected free speech and secret ballot claims
SCOTUS Allows Emergency Abortions in Idaho — For Now
Litigation over exceptions to abortion bans to preserve the life and health of pregnant people is also pending in multiple state courts.
Malvo v. State
Dissent would have ruled a juvenile sentence of life without parole is constitutional and state prohibition against of cruel or unusual punishment provides no greater protection than the Eighth Amendment
Anderson v. State
Ruled courts may exercise constitutional jurisdiction over habeas petitions notwithstanding statute’s requirement to exhaust administrative remedies of New Mexico Corrections Dept.
Under the Rainbow Early Education Center v. County of Goodhue
Ruled early childhood education center is a tax-exempt seminary of learning under the constitution
Spiegel v. Board of Education of Howard County
Held rules for qualification and selection of student member to county board of education do not violate Maryland Constitution’s election requirements and Declaration of Rights
Eric Ruben
Eric Ruben is an associate professor of law at SMU Dedman School of Law and a fellow at the Brennan Center.
