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Planned Parenthood of Montana v. State (Planned Parenthood 4)
Upheld preliminary injunction against 2023 laws that prohibit dilation and evacuation abortions—the only outpatient procedure available in the second trimester in Montana—and require an ultrasound pre-abortion, effectively preventing telehealth mediation abortions. A majority of the court found that these laws likely violate the right to a pre-viability abortion the Montana Supreme Court has recognized as protected by the state constitution's right to privacy.
Evers v. Marklein
Court will decide whether a legislative committee’s vetoes of an agency rule that would ban the practice of “conversion therapy” for LGBTQ+ patients violates the separation of powers principles in the Wisconsin Constitution.
In an earlier installment of the case, the court ruled 6–1 that the law permitting the effective legislative veto of agency land-conservation expenditures violated the executive branch’s “core power” to “take care that the laws be faithfully executed.” While the Wisconsin Constitution gives the legislature authority to create an agency, define its parameters, and appropriate funds for it, the power to spend those funds in accordance with legislation lies solely with the executive, the court said.
McKay v. State
Reversed trial court ruling that a 2023 law that gives the attorney general control over the state’s defense of the imposition of the death penalty on collateral review violates the state constitutional provision governing the duties of district attorneys
Timothy Sandefur
Timothy Sandefur is the Vice President for Legal Affairs at the Goldwater Institute.
Does the Arizona Constitution Allow Juryless Trial by Bureaucrats?
A case in Arizona calls into question the constitutionality of an administrative hearing in which the owners of a business were found guilty of fraud.
Washington v. Nelson
Will consider whether random breath and urinalysis testing as a condition of community custody violates an offender's right to privacy under the state constitution, where alcohol and drugs played no role in the underlying crime.
Huskey v. Oregon Department of Corrections
Will consider whether provisions of the Oregon Constitution that say inmates should work or engage in on-the-job training while in custody but have no “legally enforceable right” to a job, training, or to “compensation for work or labor,” preclude an inmate who does not get such assignments from seeking damages for lost wages.
Commonwealth v. Thompson
Dissent would have held that inventory searches are unconstitutional under art. 1 sec. 8 of the Pennsylvania constitution, and therefore reversed the defendant's judgment on appeal
Indiana Bureau of Motor Vehicles v. Simmons
Reversed trial court injunction that had ordered Indiana's bureau of motor vehicles to allow a non-binary gender marker on drivers' licenses, finding that the agency's binary-only policy triggers rational-basis review under the federal equal protection clause and does not infringe federal substantive due process.
Washington Supreme Court Hears Challenge to Ban on Large-Capacity Magazines
The court must navigate confusing U.S. Supreme Court precedent in evaluating the ban.
