Search
Filter Search
Planned Parenthood South Atlantic v. South Carolina (Planned Parenthood 2)
South Carolina Supreme Court held that a "fetal heartbeat" — as defined in a state law banning most abortions at the point such a heartbeat is detected — occurs when electrical impulses are first detectable as a "sound" with diagnostic medical technology and a medical professional observes those electrical impulses as a "steady and repetitive rhythmic contraction of the fetal heart." Although declining to define that point in terms of a number of weeks, the court said it "occurs in most instances at approximately six weeks of pregnancy." The court also held that the law is not unconstitutionally vague.
McCarty v. Missouri Secretary of State
Missouri Supreme Court held that plaintiff business groups and voters had failed to show that the ballot summary and fiscal note summary for an approved measure increasing the state's minimum wage and providing paid sick leave were inadequate or unfair. The court also held that its constitutionally and statutorily derived original jurisdiction over post-election contests is limited to matters related to the election process and does not extend to claims about the validity of a ballot measure.
Battles over Medicaid Funding for Abortion
Congress prohibited Medicaid reimbursement for abortion, but some state supreme courts say similar state-level bans violate their constitutions.
Commonwealth v. Govan
Massachusetts Supreme Judicial Court held that imposition of GPS monitoring as a condition of pretrial release for a defendant whose conduct directly implicated state interests in protecting alleged crime and domestic violence victims and potential witnesses was constitutional under Massachusetts's search and seizure clause. The court also held that an officer’s subsequent retrieval and review of an hour of defendant’s GPS location data in connection with investigating a new crime was not a search for state constitutional purposes because the defendant did not have a reasonable expectation of privacy in the accessed information.
Michael Weinrib
Michael Weinrib is a law student at the University of Wisconsin Law School and an intern at the Brennan Center.
Rachel Seplow
Rachel Seplow is a law student at NYU School of Law and an intern at the Brennan Center.
Mohamed Nur
Mohamed Nur is a law student at Stanford Law School and an intern at the Brennan Center.
Ankita Joshi
Ankita Joshi is a law student at Benjamin N. Cardozo School of Law and an intern at the Brennan Center.
Disability Rights Under State Constitutions
Thirty-five years after the passage of the Americans with Disabilities Act, state constitutional anti-discrimination clauses, voting rights, and educational guarantees can expand protections for people with disabilities.
Sync Title Agency, LLC v. Arizona Corporation Commission
Arizona Court of Appeals held that juryless administrative hearings for civil securities charges do not violate the state constitution's jury trial right. The court relied on the same holding reached by a separate panel of the appeals court in EFG America v. Arizona Corporation Commission. The company plaintiff in EFG has petitioned the Arizona Supreme Court for review of this issue.