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Andrew Willinger
Andrew Willinger is the executive director of the Duke Center for Firearms Law and a lecturing fellow at Duke Law School. He teaches and writes on the...
The Complexity of Lockstepping Post-Bruen
A Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.
Abortion Rights and Transgender Rights Are Intertwined
As federal courts use the rollback of abortion rights to undermine protections for trans people, Montana’s high court has extended rights in both areas.
State v. Waldner
Held that privacy right in the state's victims'-rights amendment (known, along with versions in other states, as "Marsy's Law") is not self-executing, but a statute providing for appeal of certain orders affecting "substantial rights" may be used by crime victims to appeal denials of motions to quash discovery to enforce that privacy right. Also held that the right to privacy in the amendment is not an absolute protection from discovery requests and must be balanced against defendants' due process rights. For a discovery request to be upheld, a defendant must establish the relevance, admissibility, and specificity of the information sought.
City of Fargo v. State
Held that a 2023 statute barring localities from enacting ordinances related to the purchase, sale, or possession of firearms and ammunitions that are more restrictive than state law preempted the city of Fargo’s limits on such sales and did not violate state constitutional “home rule” clauses as applied to Fargo’s restrictions.
Montenegro v. Fontes
WIll consider whether portion of campaign-disclosure law that says rules and enforcement activity by a commission charged with implementing the law are not subject to limit by any "legislative governmental body" -- which the trial court found to violate separation of powers principles -- is severable from the rest of the law. Will also consider whether legislators have standing to claim that the law's grant of general implementing power to the commission interferes with legislative power.
Richard Michael Fay vs David Pedro
Oregon trial court found the corrections department had unconstitutionally inflicted cruel and unusual punishment and unnecessary rigor by failing to provide adequate medical treatment and diagnosis to an inmate for serious injuries sustained in prison, and ordered specific medical care to be provided.
What’s at Stake in the Wisconsin Supreme Court Election
An election for an open seat on Wisconsin’s high court has become the most expensive judicial race in history, highlighting the rising national stakes and increasing politicization of state judicial elections.
Everything You Need to Know About Applying For and Clerking on a State High Court
Sitting state supreme court justices from four states opened up about what they look for in applicants, what clerks do day-to-day, and more.
