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State Court Oral Arguments to Watch for in September
Issues on the dockets include climate change, redistricting, and lawsuits by victims of child sexual abuse.
People v. Lymon
Held that the act requiring registration as a sex offender violates the state constitutional ban on "cruel or unusual" punishments when applied to people whose convictions lack a sexual component
Evers v. Marklein
Wisconsin Supreme Court ruled 6–1 that the law permitting the effective legislative veto of agency land-conservation expenditures violated the executive branch’s “core power” to “take care that the laws be faithfully executed.” While the Wisconsin Constitution gives the legislature authority to create an agency, define its parameters, and appropriate funds for it, the power to spend those funds in accordance with legislation lies solely with the executive, the court said.
City of Lancaster v. Pennsylvania Public Utility Commission
Ruled that the Public Utility Commission's regulation addressing gas meters in historic districts did not unconstitutionally delegate unfettered authority to natural gas distribution companies to determine location of gas meters in historic districts
State ex rel. Dudley v. Yost
Plaintiffs filed a petition for writ of mandamus claiming the state attorney general overstepped his authority when he failed to certify a ballot initiative related to automatic voter registration and other voting-related processes.
Bouvier v. Porter
Held that attorneys who assisted voters in filing allegations of voter fraud in a state election in 2016 were shielded from defamation claims
Spokane County v. Meneses
Held that the Secretary of Department of Social and Health Services is not a “state officer” to whom the Supreme Court may issue a writ of mandamus through the exercise of original jurisdiction
Conn v. Kentucky Parole Board
Held that the Parole Board's issuance of a "serve-out" on a life sentence did not encroach upon court's exclusive authority to set defendant's sentence and, therefore, did not violate separation of powers
Salt Lake County v. Utah State Tax Commission
Held the county failed to prove that the application of the Aircraft Valuation Law to Delta Air Lines' aircraft resulted in an assessment below fair market value in violation of the Utah Constitution
Planned Parenthood of the Heartland, Inc, et al. v. Kim Reynolds, et al.
The Iowa Supreme Court held that abortion is not a fundamental right under the state constitution and is only subject to rational basis review. The court reversed a lower court injunction halting the state's "fetal heartbeat" law.
