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Hicks v. State
Will consider whether Wyoming's "cruel or unusual" punishment clause provides greater protections against mandatory life-without-parole sentences for late adolescents (those who were under 21 at the time of the crime) than the federal Eighth Amendment does. Will also consider whether such sentences violate state constitutional clauses providing the "penal code shall be framed on the humane principles of reformation and prevention" and for equal protection.
State of Washington v. Gator's Custom Guns
Washington Supreme Court reversed a lower court and upheld under the state and federal right to bear arms the state's ban on selling or manufacturing magazines that hold more than ten rounds of ammunition.
LeMieux v. Evers
The Wisconsin Supreme Court held, in a divided decision, that the governor did not exceed his partial veto authority under the state constitution when he altered digits, words, and punctuation in a budget bill to extend a school funding increase from 2 to 402 years.
Krasner v. Sunday
The Pennsylvania Supreme Court will consider the Philadelphia district attorney's challenge to a law that requires the state attorney general to appoint a special prosecutor to have jurisdiction over crimes committed within the regional public transit system. The Commonwealth Court rejected the allegations, including that the law unconstitutionally divests the district attorney of jurisdiction over part of the office’s territory, nullifies the district attorney’s core prosecutorial functions, and violates the due process rights of defendants based on a provision preventing those charged by the special prosecutor from challenging his authority.
Montana Environmental Information Center & Sierra Club v. Montana Department of Environmental Quality
Held that the Department of Environmental Quality appropriately considered noise impacts of a proposed project as required under the Montana Environmental Policy Act, but did not analyze lighting impacts and greenhouse gas emissions as required under the then-applicable language of the Act
Montana Trout Unlimited v. Montana Department of Natural Resources & Conservation
Held that the exemption of dewatering from the Montana Water Use Act's permitting requirements did not violate the water rights section of the state's constitution
Three Years After Dobbs, State Courts Are Defining the Future of Abortion
Litigation across the states is testing how far constitutional amendments can go in protecting or restricting abortion access.
The Strange Legal Standard Eroding Civil Rights In North Carolina
In a string of recent cases, the North Carolina Supreme Court has demanded claimants prove that statutes are “unconstitutional beyond a reasonable doubt.”
Gotay v. Creen
Massachusetts Supreme Judicial Court held that a “special relationship” exists between foster children and the state that imposes an affirmative duty on the state to ensure a reasonably safe foster home environment, but found the state defendants were entitled to qualified immunity on the parent and guardian's substantive due process claim.
Virginia’s Constitution: An Influential and Resurgent Declaration of Rights
The state’s supreme court has recently interpreted the constitution to provide stronger protections for rights than are guaranteed by the U.S. Constitution.
