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Fossella v. Adams
Struck down New York City law that allows non-U.S. citizens who are lawful permanent residents or who have work authorizations to vote in municipal elections, finding that the state constitution restricts voting to citizens.
O’Neil v. Gianforte
Held that the state constitution’s protection of the public’s “right to know” allows for a limited gubernatorial privilege exception if the governor meets the “high bar of demonstrating that the information is essential to carrying out a constitutional duty and that its disclosure would chill future candor.” Also held that the process for determining whether a particular document otherwise subject to the "right to know" may be shielded by gubernatorial privilege should be the same as for other "candor privileges" (e.g., attorney-client, doctor-patient), including in camera review by the trial court to determine the proper scope. Remanded to the district court to conduct such review with respect to the requested agency documents.
Moe v. Yost
An Ohio appellate court struck down a state ban on gender-affirming medical care for trans youth, holding that it violated the state constitution's "health care freedom" amendment and the fundamental right of parents to seek appropriate medical care for their children. The court remanded the case to the trial court to impose a permanent injunction as to enforcement of the law's provisions banning the use of puberty blockers and hormones “for the purpose of assisting the minor individual with gender transition.” The state attorney general has appealed the decision to the Ohio Supreme Court.
McKay v. State
Reversed trial court ruling that a 2023 law that gives the attorney general control over the state’s defense of the imposition of the death penalty on collateral review violates the state constitutional provision governing the duties of district attorneys
A North Carolina Court Decision Could Overturn a 2024 State Supreme Court Election
The decision allows for rewriting election rules after votes have already been counted, moving the losing candidate closer to his goal of having more than 60,000 ballots thrown out.
The History of Dueling and State Constitutions
State constitutions helped end dueling — a deadly way men proved their “honor” — in a way state laws could not.
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.
North Carolina’s Constitution of Contrasts
The state’s 55-year-old constitution offers progressive protections like a right to education while retaining elements of state-sponsored efforts to prevent Black progress in the post-Reconstruction era.
