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A Conversation About the Colorado Constitution: Success Story or Cautionary Tale?
A Colorado Supreme Court Justice, a law professor, and a State Court Report editor discussed how state constitutions impact democracy, abortion rights, and more.
O.G. v. Superior Court of Ventura County
Ruled legislative amendment to initiative statute to prohibit transfer of minors under age 16 from juvenile to criminal court was constitutionally consistent with and furthered statute’s intent
City of Albuquerque v. SMP Properties, LLC
Ruled that whether a constitutional taking based on damage to a property occurred depends on the specific circumstances and requires a fact-finder to resolve disputed questions of fact
Emerson v. Hillsborough County
Ruled that county charter amendment directing allocation of tax proceeds conflicts with state law and invalidated the tax as voters would not have approved the tax without the accompanying distribution scheme
Doe v. La Fuente, Inc.
Ruled that federal test for employer-employee relationship also governs employee definition under state minimum wage amendment, and independent contractor statute does not remove the amendment's protections
City of Bloomington Board of Zoning Appeals v. UJ-Eighty Corp.
Ruled that zoning ordinance that defined fraternities and sororities based on their relationship with university was not an unconstitutional delegation of zoning authority to the university
State v. Misch
Ruled that right to bear arms clause protects a limited right to self-defense, and statute banning large-capacity magazines is a reasonable exercise of the state's police power
People v. Gordon
Ruled that to search vehicles located outside defendant's residence, search and seizure clause requires that a warrant refer to the vehicles with particularity
Clark Fork Coalition v. Montana Department of Natural Resources & Conservation
Ruled that statute providing for only limited review of surface water degradation risk before issuance of water use permit did not violate right to a clean and healthful environment
Grisham v. Romero
Ruled that Secretary of Health's emergency order restricting indoor dining was not an unconstitutional exercise of legislative powers in the context of the public health crisis
