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Individual Members of the Medical Licensing Board of Indiana v. Anonymous Plaintiff 1
Appellate court upheld a temporary injunction against Indiana's 2022 abortion ban based on religious freedom claims, but held the injunction was overly broad because it enjoined enforcement of the abortion law in ways that did not violate the state's religious freedom act. Remanded for entry of a narrower injunction. Indiana Supreme Court did not take up an appeal of the appellate court ruling, leaving it in place.
Ex parte Jackson Hospital & Clinic
Ruled that the Governor's emergency proclamation limiting healthcare providers' liability for negligence as to COVID-19 was neither unconstitutional under the separation-of-powers clause nor the provision that only the Legislature could suspend laws, nor did it violate the constitutional prohibition on curtailing a right to a remedy
Walker v. Chasteen
Held that the refund claim of unconstitutionally added-on filing fees for mortgage foreclosure complaints was a retrospective monetary award to redress a past wrong, which fell under the jurisdiction of the Court of Claims, not the circuit court
Kansas v. Harper
Trial court upheld requirement that driver’s licenses be issued only with driver’s sex as assigned at birth because it applied equally to every single person applying for a driver’s license, rejecting equal protection claim that the rule discriminates against transgender people
State v. Warren
Held that the right to confrontation enshrined in the New Hampshire constitution would be violated by permitting a child victim to testify from outside the courtroom via a one-way video feed
Sync Title Agency, LLC v. Arizona Corporation Commission
Arizona Court of Appeals will consider whether a juryless administrative hearing for civil fraud charges violates the state constitutional jury trial right. Amicus groups dispute whether the U.S. Supreme Court's holding in SEC v. Jarkesy — that when the securities and exchange commission seeks civil penalties for federal securities fraud, defendants have a 7th Amendment jury right that entitles them to more than an administrative hearing — should be instructive for purposes of Arizona's jury right.
Jackson v. Florida
Will consider facial and as-applied challenges under the federal Sixth, Eighth, and 14th Amendments, as well as under Florida's "cruel and unusual" punishment and equal protection analogues in arguments raised by amicus groups, to a 2023 law that permits defendants to be sentenced to death with only the votes of 8 of 12 jurors.
Commonwealth v. Yard
Held that the evidentiary limitation that requires that "proof is evident or presumption great," which calls for a burden of proof between probable cause and beyond a reasonable doubt, does not apply to the life-offense exception to the right to bail under the state constitution
Republican National Committee v. Eternal Vigilance Action, Inc; Georgia v. Eternal Vigilance Action
The Georgia Supreme Court left in place a lower court ruling that several controversial new election rules are “illegal, unconstitutional, and void.” The rules would have made election certification discretionary, required hand-counting the number of ballots, made drop boxes harder to use, and expanded the role of poll watchers. The appeal will proceed on a normal schedule, which means the state supreme court will fully consider the challenge against the rules over the next few months.
