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SCOTUS’s Review of Ban on Trans Health Care Highlights Need for State Litigation
Even if the U.S. Supreme Court decides that bans on gender-affirming care for trans youth are constitutional, state courts can strike down such laws under state constitutions.
SCOTUS’s 2nd Amendment Decision Leaves Open Questions for State Courts
The U.S. Supreme Court upheld the disarmament of a domestic abuser in United States v. Rahimi, but litigation over where to draw the line will continue.
State ex rel. Brnovich v. City of Tucson
Ruled state constitution's home rule provision precludes a statute requiring a charter city to consolidate local elections with state and national elections
State ex rel. Kotek v. Fagan
Ruled that it is an exercise of the court's mandamus authority to revise deadlines for state officials' constitutional redistricting duties when pandemic delayed federal census data
State v. Snyder
Ruled that domestic violence emergency protective orders are not de facto search warrants and do not meet the probable cause standards under the search and seizure clause
State v. Heath
Ruled that religious liberty clause in section of constitution containing housekeeping provisions for the transition from territory to statehood was not intended to broaden the guarantee in the declaration of rights
State v. Sutterfield
Ruled that arrest by police officer for completed misdemeanor that occurred outside the officer's presence did not violate search and seizure clause where officer was assisting a private individual conducting a citizen arrest
Metcalfe v. State
Ruled repeal of statutory right of reinstatement unconstitutionally impaired or diminished an accrued benefit of the state employee retirement system
State v. Blake
Ruled that state's strict liability drug possession statute violates state's more extensive due process protections
Paths Toward Abolishing Qualified Immunity for Violations of State Constitutional Rights
States should not adopt the federal doctrine that shields officials from liability for civil rights violations.
