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A New Tool Makes Comparing State Constitutions Easier
Scholars, practitioners, and judges can quickly see how constitutional provisions differ or overlap with a resource from the nonprofit American Juris Link.
McNabb v. Harrison
Held that the state constitution requires a candidate running for municipal judgeship to be a resident of the same municipality to which he will be assigned, both at time of the election and for one year prior
State v. Mercedes
Held that officers were not required to administer warnings pursuant to article I section 7 of the Washington constitution as interpreted by prior caselaw -- informing individuals of their right to refuse, limit, or revoke consent -- prior to the warrantless consensual entries onto the defendant's outdoor property for investigative purposes
Simon v. Demuth
Ruled that the quorum clause in Article IV, Section 13, of the Minnesota Constitution requires a majority of the total number of seats of which each house may consist to constitute a quorum, without reference to vacancies
Gonzales v. Markland
Held that the use of a jury district for manslaughter trial comprised of two counties did not violate the “county or district” terminology of art. 6, § 7 of the South Dakota Constitution, granting the right to a trial by a “jury of the county or district in which the offense is alleged to have been committed”
N'Da v. Hybl
Nebraska Supreme Court held that statutory requirement that applicant seeking certificate to provide nonemergency medical transport must show the proposed service is required by "public convenience and necessity" does not facially violate state constitutional due process or bans on "special laws" or laws granting "special privileges and immunities." Also held that that the Nebraska Constitution's due process and equal protection clauses are coextensive with their federal equivalents, so federal rational basis review applies to substantive due process challenges to economic regulations, not the heightened standard the court had applied in a line of cases from the early 20th century.
Sobel v. Cameron
Three Jewish women claim abortion ban, which defines human life as beginning at fertilization, violates the state constitution’s prohibition on unintelligible laws because its application to in vitro fertilization is unclear, and religious liberties by inhibiting the Jewish duty to procreate and prioritizing Christian values. Trial court granted summary judgment for the state defendants for lack of standing, but Court of Appeals reversed as to one of the plaintiffs who has frozen embryos and has shown an interest in using them but confusion about her options.
Rivas v. Brownell
Held that a statute-of-limitations tolling provision in a supervisory order issued in response to the Covid-19 pandemic did not violate the separation of powers nor the affected drivers' rights to procedural due process
Contoocook Valley School District v. New Hampshire
New Hampshire Supreme Court affirmed the state's existing education funding law is constitutionally inadequate and $7,356.01 per pupil as a minimum constitutional guidepost for the legislature, but said the lower court insufficiently accounted for separation of powers concerns when it ordered the state to pay that increased amount immediately.
Republican National Committee v. Eternal Vigilance Action, Inc; Georgia v. Eternal Vigilance Action
Georgia Supreme Court ruled invalid under state nondelegation principles four of seven rules passed by the Georgia State Election board, while upholding one rule. The court did not decide the validity of two other rules, holding that the plaintiffs lacked standing to challenge the provisions.
