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The Cleveland Electric Illuminating Co. v. The City of Cleveland
Ruled a municipal utility may acquire excess electricity capacity without violating the constitution so long as the acquisition was not for the sole purpose of reselling it
League of Women Voters of Pennsylvania v. Degraffenreid
Enjoined the tabulating and certifying of votes on victim’s rights ballot question, ruled amendment violated constitution’s separate vote requirement
The Detroit News, Inc. v. Independent Citizens Redistricting Commission
Ruled redistricting commission’s closed-session meeting and withholding of memoranda requested by news organizations violated open meetings and publication of supporting materials requirements
Dunleavy v. Alaska Legislative Council ex rel. Alaska State Legislature
Ruled that laws defining legislative inaction as tantamount to rejection, in the context of appointments and confirmations, violate the state constitution
State v. Stephens
Ruled statute violated separation of powers clause because it delegated authority to the Attorney General to prosecute election laws, a power more properly assigned to the judicial department
State Courts Can and Should Do More to Protect Voters
State constitutional clauses collectively elevate the status of voters as a group, giving state courts a strong reason to use a separation of powers analogy against efforts to curtail voting rights.
State v. Bowman
Ruled that a cell phone owner’s voluntary consent to search text messages justifies intruding on an otherwise private affair
Wash. State Legislature v. Inslee
Ruled that the governor exceeded his veto power by striking a single sentence in an appropriate bill
Derek Clinger
Derek Clinger is a senior staff attorney for the State Democracy Research Initiative at University of Wisconsin Law School.
Wisconsin’s Legislative Vetoes Go to Court
The Wisconsin Supreme Court is set to decide whether a legislative committee can override executive branch decisions.