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Perez v. City of San Antonio
Texas Supreme Court held that a 2021 amendment, which bans the state and localities from prohibiting or limiting religious services, is absolute and categorical when it applies, meaning it forbids limitations on religious services regardless of the government's interest or how tailored the limitation is to that interest. The court also held, however, that the scope of the clause's applicability is not unlimited and does not extend to the government’s preservation and management of publicly owned lands.
Attorney General Duties Are a Frequent Target of Legislative Gamesmanship
Legislatures in multiple states have stripped power from attorneys general they disagree with politically.
Georgia Supreme Court Allows Under-21 Handgun Carry Ban
The court looked to the state’s own constitutional history rather than following recent U.S. Supreme Court gun decisions.
Care and Prevention of Eve
Massachusetts Supreme Judicial Court held that department of children and families violated the state constitution's free exercise of religion protection when it vaccinated a child temporarily in its custody over the religious objections of her parents. Parents who have temporarily lost custody of their children retain a residual right to direct their religious upbringing, and the state must demonstrate that allowing the child to remain unvaccinated would substantially hinder the department’s compelling interest in the vaccination.
Republican National Committee v. Eternal Vigilance Action, Inc; Georgia v. Eternal Vigilance Action
The Georgia Supreme Court ruled invalid under state nondelegation principles four of seven rules passed by the Georgia State Election board, while upholding one rule. The court did not decide the validity of two other rules, holding that the plaintiffs lacked standing to challenge the provisions.
State v. Davieontray Breax
Louisiana Supreme Court held that the state constitution bars prosecutors from joining capital charges with other felony charges in one indictment.
Rand v. New Hampshire
Trial court granted partial summary judgment to plaintiffs, finding that allowing municipalities to retain property tax collections in excess of the amount required for adequate education violated state constitution
J.F. v. St. Vincent Hospital
Indiana Supreme Court established a new approach to mootness for the state constitutional and statutory right to appeal court-ordered temporary involuntary commitments confining individuals to mental health treatment facilities, holding that expiration of such an order generally will not bar appeal. Expiration will only moot an appeal if the appellee can show the absence of any collateral consequence from the temporary commitment order.
Albert M. Rosenblatt
Albert M. Rosenblatt is the Historian for New York’s Unified Court System and teaches at NYU Law School. He served as a judge in New York, including its highest court, the Court of Appeals...
New York’s First Constitution Was a Reaction to British Rule
The constitution, which served as a model for parts of the U.S. Constitution, adopted many policies of the English legal system.
