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North Carolina Department of Revenue v. Philip Morris U.S., Inc.
The North Carolina Supreme Court held that the state's Office of Administrative Hearings does not have jurisdiction to hear as-applied constitutional challenges to tax statutes, and allowing it to decide such challenges would violate the Separation of Powers Clause
Morris v. Commissioner, New Hampshire Department of Revenue Administration
The New Hamphire Supreme Court held that double taxation by two states does not violate the the Commerce Clause or the state's constitution because it did not inherently discriminate against interstate commerce
Long v. Commonwealth
The Kentucky Supreme Court held that the Kentucky Constitution does not bar claims for purely declaratory relief or claims for refends of funds never due to the state
State v. A.M.W.
The Washington Supreme Court reinforced the Washington Constitution's protection of judicial autonomy in procedural matters when it clarifiied that the procedural rules it adopts, such as JuCR 7.16, control over conflicting statutes but conflicting statutes control on substantive matters
Krug v. New Jersey State Parole Board
The New Jersey Supreme Court held that the retroactive application of a 1997 amendment to the Parole Act did not violate the ex post facto clauses of the state and U.S. constitutions
State v. Andrus
The Utah Supreme Court held that a state law enforcment agency may use records lawfully obtained by federal law enforcement without violating the state's constitution or being subject to the state's Electronic Information or Data Privacy Act (EIDPA)
Smith v. Fontes
The Arizona Supreme Court held an election statute requiring the Secretary of State to double count some invalid signatures violated the U.S. and state constitutions because it effectively raised the 15% signature threshold for proposing a constitutional amendment via initiative to 15.2%
State v. Alford
The Montana Supreme Court held that the mandatory minimum custodial sentence for felony DUIs was not facially unconstitutional under the Cruel and Unusual Punishment Clause in the state's constitution
Texas Parental Rights Amendment Threatens to Invalidate Child Abuse Laws
During oral arguments in a child abuse case, some Texas Supreme Court justices seemed open to the possibility that the amendment protected parental violence against children.
Maxine Eichner
Maxine Eichner is the Graham Kenan Distinguished Professor of Law at the University of North Carolina School of Law.
