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Manny Marotta
Manny Marotta is a legal and political journalist who has contributed articles to JURIST, The Hill, Business Insider, and other outlets. He is currently a law clerk with Fix the Court, where he...
State Supreme Court Justices and Ethics Investigations
Challenges faced by state judicial ethics bodies show the need for reform.
N'Da v. Hybl
Nebraska Supreme Court held that statutory requirement that applicant seeking certificate to provide nonemergency medical transport must show the proposed service is required by "public convenience and necessity" does not facially violate state constitutional due process or bans on "special laws" or laws granting "special privileges and immunities." Also held that that the Nebraska Constitution's due process and equal protection clauses are coextensive with their federal equivalents, so federal rational basis review applies to substantive due process challenges to economic regulations, not the heightened standard the court had applied in a line of cases from the early 20th century.
Hawaii’s Lawsuit Against Oil Companies Alleges “Harm to Public Trust Resources”
States are suing companies that cause harm to the environment, relying on mandates requiring protection of public resources.
McCarty v. Missouri Secretary of State
Missouri Supreme Court held that plaintiff business groups and voters had failed to show that the ballot summary and fiscal note summary for an approved measure increasing the state's minimum wage and providing paid sick leave were inadequate or unfair. The court also held that its constitutionally and statutorily derived original jurisdiction over post-election contests is limited to matters related to the election process and does not extend to claims about the validity of a ballot measure.
Steven D. Schwinn
Steven D. Schwinn is a professor at the University of Illinois Chicago School of Law
How the Constitution Constrains Presidential Overreach Against the States
Existing “anti-commandeering” doctrine is one avenue to challenge abuses of presidential power, but stronger arguments are rooted in the Constitution’s separation of powers.
Sync Title Agency, LLC v. Arizona Corporation Commission
Arizona Court of Appeals held that juryless administrative hearings for civil securities charges do not violate the state constitution's jury trial right. The court relied on the same holding reached by a separate panel of the appeals court in EFG America v. Arizona Corporation Commission. The company plaintiff in EFG has petitioned the Arizona Supreme Court for review of this issue.
Elliott v. City of College Station
Court uses constitutional avoidance in ruling on the plaintiffs claim that because they cannot vote in local elections but still must comply with its regulations, this governance arrangement is incompatible with the republican form of government required by the Texas Constitution
Three Years After Dobbs, State Courts Are Defining the Future of Abortion
Litigation across the states is testing how far constitutional amendments can go in protecting or restricting abortion access.
