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Delgado v. State
Upheld statute creating commission to recommend increases to official salaries as a valid assignment of powers by legislature, satisfying requirements to fix “by law” legislative compensation and separation of powers
State Courts Determine Whether Abortion Rights Amendments Will Go Before Voters
Cases in multiple states demonstrate the significant roles state judges play in the direct democracy process.
What Does Popular Sovereignty Really Mean?
Two new essays unpack recent state supreme court cases about the relationship between direct democracy and the power of state legislatures.
State v. Gleason
Overruled precedent to abandon abatement ab initio doctrine in light of Louisiana Constitution’s guarantees to victims including right to seek restitution
State v. Ralston
Ruled no causal connection between delay in bringing defendant to trial and destruction of police booking video evidence to find violation of defendant’s right to a speedy trial
State v. Larson
Ruled that adult foster care group home manager was not a state actor when providing defendant’s confiscated electronic devices to the police and had third-party authority to consent to a warrantless seizure
State v. White
Ruled erroneous prosecutorial comments during trial violated state constitution’s due process and right against self-incrimination provisions
Jessie Hill
Jessie Hill is the Judge Ben C. Green Professor of Law and director of the Reproductive Rights Law Initiative at Case Western Reserve University.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
