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State Court Oral Arguments to Watch for in September
Issues on the dockets include charter schools, minimum wage for live-in caregivers, online arbitration agreements, and a controversial handwritten date requirement for mail ballots.
The Power of State Constitutional Rights
Judges, practitioners, and scholars explore critical issues facing state courts and constitutions.
Chilutti v. Uber
Pennsylvania Supreme Court will review a lower court's decision to impose a stricter standard than federal courts have applied for when to enforce online arbitration agreements against a user who lacks actual knowledge of the terms, to protect the strong right to a jury trial in the state's constitution.
Commonwealth v. Council for Better Education; LaFontaine v. Council for Better Education
Kentucky Supreme Court will consider whether a law providing for public charter schools violates the state constitution's requirement that the legislature establish "an efficient system of common schools" and related provisions.
State v. Evans
Washington Supreme Court held that a county's administrative booking process, which involves patting down, handcuffing, and detaining pretrial releasees inside a jail to take their fingerprints and identifying information, violates the state constitution’s protection against intrusions into "private affairs" without authority of law.
Ferguson v. Department of Transportation
Pennsylvania Supreme Court held that counting prior participation in a diversionary program to resolve a driving-under-the-influence charge as a prior offense prompting a driver's license suspension for a subsequent conviction does not violate substantive due process under the state constitution.
Robust Missouri Dispensary 3 v. St. Louis County
Missouri Supreme Court held that the definition of "local government" in a 2022 amendment legalizing recreational marijuana use plainly prevents both counties and cities from imposing sales tax on the same marijuana products.
Nathaniel M. Fouch
Nathaniel M. Fouch is a law professor at Capital University Law School in Columbus, Ohio.