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Black Voters Matter v. Byrd
Florida Supreme Court upheld the state's 2022 congressional map against voting rights groups' challenge that it diminishes Black voters' ability to elect candidates of their choice in violation of a 2010 amendment, finding the plaintiffs had not proven the possibility of drawing a remedial map that complies with the federal equal protection clause.
State ex rel. Hilgers v. Evnen
Nebraska Supreme Court held that provisions of a criminal justice reform law expanding parole eligibility, including retroactively to already-sentenced offenders, do not have the effect of substituting milder punishments for the ones already imposed, so do not infringe on the Board of Pardons’ exclusive commutation power under the state constitution.
Recent State Judicial Opinions Critique Lockstepping
Justices in Connecticut, Texas, and Pennsylvania have called on their courts to embrace independent state constitutional interpretations.
State Department of Education & Early Development v. Alexander
Held that statutes permitting local school districts to operate correspondence study programs as alternative to traditional schooling and authorizing allotments of public funds to purchase nonsectarian educational services and materials did not facially violate state constitutional prohibition on using public funds for the direct benefit of religious or private educational institutions
State v. Cohee
Held that the state was entitled to a writ of prohibition to effectively compel a lower court judge to impose a recidivist life sentence, finding that the state’s pursuit of such a sentence did not violate equal protection and the imposition of such sentence for fleeing from a law enforcement officer with reckless indifference would not violate proportionality clause of state constitution
Opternative, Inc. v. South Carolina Board of Medical Examiners
Will consider whether a law that prevents telehealth companies from providing online vision tests for glasses and contact prescriptions in the state violates the businesses’ equal protection and due process rights under the South Carolina Constitution.
Fremin v. Boyd Racing, LLC
Ruled that statutory amendments that incorporated historical horse racing as a form of authorized pari-mutuel wagering on horse racing without requiring prior local voter approval were unconstitutional under Article XII, section 6(C) of the Louisiana Constitution
Welch v. United Medical Healthwest-New Orleans
Held that the Louisiana Health Emergency Powers Act's (LHEPA) immunity provision did not violate state constitution's access to courts and adequate remedy provision, due process provisions, nor its prohibition of special laws
Happel v. Board of Education
Held that the law of the land clause of the North Carolina Constitution protects both a parent's right to control her child's upbringing and the right to bodily integrity
Commons of Lake Houston v. City of Houston
Held that a floodplain regulation can effect a regulatory “taking” under the state constitution even when the regulation is intended to promote compliance with the federal flood-insurance program
