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The Strange Legal Standard Eroding Civil Rights In North Carolina
In a string of recent cases, the North Carolina Supreme Court has demanded claimants prove that statutes are “unconstitutional beyond a reasonable doubt.”
League of United Latin American Citizens of Iowa v. Pate
Iowa Supreme Court held the plaintiff organization did not have standing to seek to dissolve an injunction entered in a separate case that barred the secretary of state from providing voter registration forms in languages other than English, by claiming such materials fall within an exception to the state law underlying the injunction. The law generally requires all "official documents" to be in English but exempts "language usage required by or necessary to secure" state constitutional or federal law rights. According to the state high court, an organization's expenditure of resources in response to a law that does not violate or regulate its rights, status, or legal relations is not a legally cognizable injury establishing standing.
Virginia’s Constitution: An Influential and Resurgent Declaration of Rights
The state’s supreme court has recently interpreted the constitution to provide stronger protections for rights than are guaranteed by the U.S. Constitution.
State Court Oral Arguments to Watch for in June
Issues on the dockets include partisan gerrymandering, fines and fees imposed on indigent defendants, and bans on flavored tobacco and online vision tests.
Atlantic Games, Inc. v. Georgia Lottery Corporation
Concurral to denial of certiorari by Justice Peteerson questioned whether the court should reconsider existing caselaw on the nondelegation doctrine in a different case because, in their view, it does not comport with original public meaning
People v. Eads
Michigan Court of Appeals held that a 50-year minimum sentence for a defendant convicted of second-degree murder as a juvenile is "cruel or unusual" punishment, finding that sentence constitutionally equivalent to the life-with-the-possibility-of-parole sentence the Michigan Supreme Court found "cruel or unusual" in People v. Stovall. The court also held that the defendant's sentence was disproportionate given the sentencing court's failure to consider his youth and its attendant characteristics as mitigating factors.
Despite Constitutional Amendment, Abortion Still Out of Reach in Missouri
The Missouri Supreme Court reinstated restrictions on abortion this week, effectively making the procedure impossible to access in the state.
People v. Hagestedt
Concurrence would have declined to lockstep with the United States constitution and engaged in an independent analysis of the Illinois constitutional provision
Amdor v. Grisham
Denied portion of original petition alleging that governor's executive orders declaring or addressing gun violence and drug abuse as public health emergencies pursuant to the state's Public Health Emergency Response Act violate either the scope of that law or separation of powers. But granted petition to extent it challenged part of the orders suspending a juvenile detention program for exceeding the limits of the state's police power.
After U.S. Supreme Court Ruling, It’s Back to States’ Laboratories for Religious Charter Schools
An evenly split Court left in place the Oklahoma Supreme Court’s decision that granting a charter to a religious school was unconstitutional.
