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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 ex rel. Sanduskians for Sandusky v. The City of Sandusky
Mandated city commission submit proposed city charter amendment to a special election, but commission is not constitutionally required to place proposal on general election ballot
Eddie Armstrong & Lance Huey v. Thurston
Ruled statute permitting State Board of Election Commissioners discretion to certify ballot initiative to Secretary of State conflicted with constitution’s initiative clause
Leibsohn v. Hobbs
Ruled statutory registration requirements for petition circulators for ballot initiatives unreasonably hinder or restrict the initiative power
Ritter v. State
Ruled statutes requiring governor to declare a state of emergency before school districts may make decisions regarding local health matters were an unconstitutional delegation of legislative authority
Department of Corrections v. Stefano
Held that a person released from prison on electronic monitoring has due process rights implicated when they are removed from electronic monitoring and returned to prison
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.
