Search
Filter Search
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.”
State v. Hall
Kansas intermediate appellate court held that the state constitutional right to "keep and bear arms" should be applied independently of, and not in lockstep with, the federal Second Amendment. Applying strict scrutiny, the court found a state ban on gun possession by people convicted of certain felonies for a term of years after their release from prison to be narrowly tailored to a compelling interest in ensuring public safety.
Edwards v. Montana
Montana trial court held that a law — which defines “female,” “male,” and “sex” wherever used in the state code as two binary categories — facially violates the state constitutional right to privacy by interfering with individuals' "ability to make personal and intimate decisions concerning their bodies and psyches." The court also found as-applied state equal protection violations based on sex and cultural discrimination.
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.
State v. Rudy Nino Parras
Oregon Supreme Court granted review to consider whether state "felon in possession" law, as applied to defendants with prior drug felonies, violates state or federal right to bear arms, but after oral argument dismissed review as improvidently allowed.
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.
Connor v. Oklahoma
Reversed a district court’s denial of the Oklahoma Employment Security Commission’s motion to dismiss a discrimination claim brought by the former general counsel of the commission. The commission claimed she failed to comply with the notice provisions of the Governmental Tort Claims Act, but the lower court had found conflicts between that act and state anti-discrimination statutes meant the notice requirements did not apply. The Oklahoma high court, reaffirming that the liability limitations in the act apply to both constitutional torts and statutes, said no irreconcilable conflicts exist.
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.
Department of Environmental Protection v. Pennsylvania Legislative Reference Bureau; Bowfin KeyCon Holdings v. Pennsylvania Department of Environmental Protection
The Pennsylvania Supreme Court will consider consolidated challenges to the state's participation in a regional program to cap greenhouse gases. The Commonwealth Court found the program to constitute a tax within the prerogative of the legislature, so concluded the governor's entry into the program by executive rulemaking violated separation of powers. Amicus groups and intervenors have argued the lower court's tax determination did not adequately take account of the state's duties under Pennsylvania's environmental rights amendment.
