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Resistance to Public Policies Assisting the Poor
Property owners have challenged programs meant to assist vulnerable populations, alleging they are unconstitutional takings of private property for public use.
Montenegro v. Fontes
Arizona Supreme Court held state lawmakers have standing to challenge provisions of a citizen-initiated campaign-disclosure law they allege improperly delegate legislative power to a commission in violation of separation of powers.
State v. Evans
Washington Supreme Court held that a county's administrative booking process, which involves patting down, handcuffing, and detaining pretrial releasees inside a jail to take their fingerprints and identifying information, violates the state constitution’s protection against intrusions into "private affairs" without authority of law.
Ferguson v. Department of Transportation
Pennsylvania Supreme Court held that counting prior participation in a diversionary program to resolve a driving-under-the-influence charge as a prior offense prompting a driver's license suspension for a subsequent conviction does not violate substantive due process under the state constitution.
Columbus City School District v. State
Trial court found the state’s recently expanded EdChoice school voucher program violates the state constitution’s requirement of “a thorough and efficient system of common schools.”
Robust Missouri Dispensary 3 v. St. Louis County
Missouri Supreme Court held that the definition of "local government" in a 2022 amendment legalizing recreational marijuana use plainly prevents both counties and cities from imposing sales tax on the same marijuana products.
State Court Oral Arguments to Watch for in November
Issues on the dockets include indigent defense crises in multiple states, what’s been called a “de facto repeal” of citizens’ initiative power, and a voter-approved ban on large-capacity magazines.
Englewood Hospital & Medical Center v. State
New Jersey Supreme Court rejected claims by a group of hospitals that the state’s “charity care program” — which prevents them from turning away people unable to pay and from billing qualified patients — constitutes an illegal "per se" or regulatory taking under the state and federal constitutions.
Kansas v. Harper
Trial court found requirement that drivers' licenses display sex as assigned at birth did not violate equal protection by discriminating based on sex or transgender status, or a right to personal autonomy or informational privacy. Appellate court reversed on separate grounds and remanded to a new judge
Washington v. Meta Platforms
Washington Supreme Court will consider whether the state's Fair Campaign Practices Act violates First Amendment speech protections or is preempted by the federal Communications Decency Act.
