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Richard Michael Fay vs David Pedro
Oregon trial court found the corrections department had unconstitutionally inflicted cruel and unusual punishment and unnecessary rigor by failing to provide adequate medical treatment and diagnosis to an inmate for serious injuries sustained in prison, and ordered specific medical care to be provided.
Sarah J. Morath
Sarah J. Morath is a Professor of Law and Associate Dean for International Affairs at Wake Forest University School of Law.
The Active Environmental Agendas of State Attorneys General
The U.S. Supreme Court this week paved the way for Democratic attorneys general to proceed with suits against fossil fuel companies under state law.
Trump’s Threats to Withhold Disaster Relief Undermine Federalism Principles
The administration’s attempt to extract promises from states in exchange for federal funds also disregards established law preventing federal overreach into state matters.
The Montana Legislature’s Partisan Attack on Judicial Independence
Dissatisfied with recent court decisions, the state legislature moves to change how judges are elected.
Ellutzi v. Regents of the University of California
Two students and a professor allege university violated their state and federal constitutional rights to due process, speech, and assembly by summarily banning them from campus after they failed to disperse when the university deployed law enforcement to dismantle a "Gaza Solidarity Encampment." The trial court denied plaintiffs' motion for preliminary injunction, citing "disputed evidence."
In re Courtney Rae Hudson v. Arkansas Administrative Office of the Courts
Relying on the state high court's general superintending control over all state courts, vacated a circuit court preliminary injunction that had prevented the administrative office of the courts and the office of professional conduct from complying with a FOIA request for certain communications with the state supreme court chief justice. The state high court also referred the chief justice and her attorney, who had sought the injunction, to state ethics bodies.
League of Women Voters of Missouri v. State
Trial court permanently enjoined provisions restricting voter registration and absentee ballot solicitation activities, finding that they burden core political speech, constitute content- and viewpoint-discrimination, and are overbroad, in violation of state constitutional speech protections. The court also held that the provisions violate civic engagement groups' state constitutional right to associate and are unconstitutionally vague. The court determined that because the laws restrict election-related speech, not the mechanics of elections, strict scrutiny review applies.
Brown v. Wisconsin Elections Commission
Reversed trial court ruling that a city's use of a mobile voting truck for in-person absentee voting violates state statutes, finding that the voter plaintiff lacked standing. The plaintiff did not show that he was "aggrieved" by the election commission's decision permitting the voting truck, as required by state law, as he did not allege that he was personally affected.
Missouri State Conference of the NAACP v. State
Trial court upheld voter identification requirements, finding them consistent with a 2016 state constitutional amendment that a voter "may be required by general law to identify himself or herself" and not to violate the state constitutional right to vote or equal protection. The trial court determined that rational basis review is the appropriate level of scrunity, but said the law would satisfy any level.
