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What Litigation After the 2020 Election Can Tell Us About 2024
Efforts to disqualify mail-in ballots and unfounded allegations of voter fraud dominated post-election litigation in 2020. Similar efforts are possible this month.
City of Houston v. Houston Proffesional Fire Fighters Association
Ruled that provision of public employee law did not violate constitutional separation of powers because it established "reasonable standards" for judicial enforcement
Winchester v. State
Held that Maine courts must apply a “flexible balancing test” weighing all relevant circumstances in assessing speedy trial violations
Vitale v. Bellows Falls Union High School
Held that Education clause does not require the state to pay for children to attend the school of their parents' choice, and the state may select any appropriate, substantially equal, means for providing education
In re Smart
Ruled that state constitution does not bestow a legally protected interest in obtaining a commutation hearing that would implicate procedural due process rights
In re Petition for Emergency Remedy By Maryland State Board of Elections
Ruled that election law delegating task of protecting electoral integrity to courts did not violate constitution’s separation of powers clause as the task was a judicial function
Access to Reproductive Health Care for Minors Is a Political Flash Point
Courts in some states have ruled that laws requiring parental consent for abortion are unconstitutional, while Idaho forbids nearly all medical care for children without parental consent.
Commonwealth v. Privette
Ruled that investigating officers’ knowledge giving rise to reasonable suspicion can be imputed to an acting officer so long as there was awareness of some critical facts and communication with those officers
Johnson v. State
Ruled that defendants do not have a constitutional right to hybrid representation, but that there is also no constitutional prohibition against it
State v. Pool
Ruled where the protections against unlawful searches under the federal and state constitution are coextensive, a valid waiver of rights under one constitution constitutes consent to conduct covered by both constitutions
