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Democracy’s Fate Depends on Both State and Federal Courts
State and federal courts each played a role in stopping a candidate who lost his race for a seat on the North Carolina Supreme Court from throwing out 60,000 votes.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
Cuomo v. New York State Commission on Ethics and Lobbying in Government
New York Court of Appeals held that state ethics commission does not violate separation of powers principles.
Taking Offense v. State of California
The California Supreme Court will consider whether a law that makes it a misdemeanor for staff at long-term care facilities to “willfully and repeatedly” fail to use a resident’s preferred name or pronouns violates federal and state free speech protections.
Knight v. Fontes
Will consider whether the retention election process for intermediate appellate judges violates the state constitution's "free and equal" election and equal protection provisions. Voters represented by Goldwater Institute allege that the retention elections -- in which voters currently vote only for the appellate judges who reside in their designated geographic area -- should be statewide, as appellate decisions may have statewide impact, and cases are assigned not based on a judge's residency and regularly transferred.
State v. Rippey
Held that the preservation provision of the Plea Withdrawal Statute, requiring a request to withdraw a guilty plea to be made by motion before a sentence was announced, was a “procedural rule” that infringed the judiciary's power under separation of powers
What Can States Do to Mitigate the Threat of ICE Arrests in Courthouses?
Wisconsin trial Judge Hannah Dugan’s high‑profile arrest renews focus on the impact of ICE enforcement inside state courthouses.
In re Port City Air Leasing, Inc.
Held that the petitioner did not have their state constitutional right to a remedy or their procedural due process rights violated by their lack of standing to appeal the Department of Environmental Services' decision to grant a wetlands permit to their competitor
North Carolina Court Enables a Partisan Shift on State Elections Board
The court approved a law to strip the governor’s election board powers, risking creating a precedent for partisan power-grabbing.
People v. Clark
Held that arrests pursuant to investigative alerts do not automatically violate Illinois Constitution's search and seizure clause
