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Massachusetts’s High Court Upholds Novel Local Restriction on Tobacco Purchases
The ruling could provide a model for cities and towns to enact rules that differ from state law — in tobacco and alcohol purchasing, and even gun sales — without running afoul of preemption principles.
State v. Arctic Village Council
Ruled statutory witness requirement for absentee voting imposed unconstitutional burden during pandemic on right to vote absentee
Francis v. Wegener
Ruled permanently enjoining attorney from filing pro se claims as opposed to filing with retained counsel in state court did not violate constitutional right of access to courts
Minnesota Provides Stronger Search and Seizure Protections Than Fourth Amendment
A recent decision demonstrates the importance of state constitutions providing their own bases for remedies, not just protecting rights.
State v. Hinkley
Held that a confession made in reliance on police promise of immunity is per se involuntary under state constitution
Ex parte Jefferson County Board of Education
Ruled constitution’s state immunity clause extends to county boards of education providing absolute immunity against all claims including breach of contract
Who Has the Authority to Prosecute People Accused of ‘Voter Fraud’ in Florida?
A Florida appellate court is set to determine whether a statewide office created in the 1980s by constitutional amendment to combat organized crime can prosecute someone accused of voting while ineligible.
Taylor v. Northam
Upheld governor’s order to remove confederate monument, as the joint resolution of the 1889 legislature did not strip the governor's authority to order removal
Patterson v. State
Ruled that applying statutory and civil procedure rule time bars to defendant’s post-conviction habeas petition did not violate open courts and suspension clauses
Reclaim Idaho & the Commission to Protect & Preserve the Idaho Constitution, Inc. v. Denney
Ruled law increasing signature threshold and setting effective date of all voter-approved initiatives unconstitutionally infringed on people’s initiative and referendum powers
