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Gotay v. Creen
Held that, given the nature of the state’s custody of children, a “special relationship” exists between foster children and the state that imposes an affirmative duty on the state to ensure a reasonably safe foster home environment. But found the state defendants were entitled to qualified immunity on the plaintiff parent and guardian's substantive due process claim because the state employees did not proximately cause the affected children's injuries.
The Massachusetts Constitution: the Oldest in the United States, and Often Ahead of its Time
A Massachusetts state court was the first to uphold the right to same-sex marriage on constitutional grounds.
Bailey v. McKintosh County, Webster v. McIntosh County, McIntosh County v. Webster
Will consider whether to uphold a lower court order stopping a special election, after early voting had already begun, on a local referendum to repeal zoning changes that would increase permissible house sizes in a historic community of slave descendants. The lower court ruled that a state constitutional provision allowing citizens to petition to repeal or amend county ordinances by referendum does not extend to zoning ordinances.
Ohio’s Justice DeWine Attempts to Address Criticisms of Originalism
The Ohio Supreme Court justice outlines a framework that promotes state interpretations that differ from federal jurisprudence.
Ainslee Johnson-Brown
Ainslee Johnson-Brown is a constitutional law scholar and advocate specializing in judicial interpretation and the evolving role of state courts in protecting democracy.
North Carolina Could Be on the Verge of a Constitutional Crisis
If the courts hand a victory to the state’s losing supreme court candidate, citizens across the political spectrum could perceive the court as unfair — and the justices risk losing their legitimacy.
Knight v. Fontes
Will consider whether the retention election process for intermediate appellate judges violates the state constitution's "free and equal" election and equal protection provisions. Voters represented by Goldwater Institute allege that the retention elections -- in which voters currently vote only for the appellate judges who reside in their designated geographic area -- should be statewide, as appellate decisions may have statewide impact, and cases are assigned not based on a judge's residency and regularly transferred.
Virginia Courts Are Revisiting How to Interpret the State Constitution
A recent case announcing greater state protection of religious liberties than under federal law marked a turning point in Virginia jurisprudence.
Dupuis v. Roman Catholic Bishop of Portland
Held that a law that revived claims based on sex acts toward minors that were previously time-barred impairs a defendant's vested right to be free from a claim once its statute of limitations has expired, finding that a prohibition on laws reviving expired claims "runs as a theme" throughout the text of Maine's Constitution.
