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Hawaii High Court Sides with Native Community Groups in Water Dispute
The decision bolsters Hawaii’s public trust framework, a legal doctrine establishing that natural resources must be protected for public use.
McClain v. State
Ruled no state constitutional right to a jury trial in civil suit for wrongful imprisonment because claim did not exist in common law
Stivers v. Beshear
Ruled legislature has legislative immunity from declaratory action brought by executive branch challenging constitutionality of certain laws related to pandemic
Mack v. Williams
Held that there is a private right of action for monetary relief under state search and seizure clause, and state has no qualified immunity defense in the absence of legislation
State v. Higgin
Held that vote-by-mail and same-day registration statutes violate the constitution's voting provisions
State v. Brasher
Ruled crime victims had standing to file direct appeal of restitution portion of defendant’s sentence under Ohio Constitution’s victims’ rights amendment
State v. Morris
Ruled juvenile defendant’s life sentence with parole eligibility constitutes cruel and unusual punishment when court failed to consider youth as a mitigating factor in sentencing
Threats to State Constitutional Abortion Protections
Even where voters pass abortion rights amendments, lawmakers and judges can undermine rights.
State Justices Speak Out Against Originalism
State supreme courts are increasingly a venue for debate over history’s role in constitutional interpretation.