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Norfolk Southern Railway v. State Corporation Commission
Virginia Supreme Court held that a law permitting broadband service providers to install fiber optic cables across railroad property violates a state constitutional amendment providing robust "public use" requirements for eminent domain, as applied to a private company seeking to expand its network for financial gain.
State Court Oral Arguments to Watch for in October
Issues on the dockets include New York’s Voting Rights Act, investigations of gender-affirming care for minors, and Meta’s challenge to a disclosure law for political ads.
Birthmark Doula Collective v. State of Louisiana
Challenge to a state law that reclassifies mifepristone and misoprostol as controlled dangerous substances, arguing that the law unconstitutionally regulates and delays access to medications that people need for non-abortion reasons, simply because those medications may also be used for an abortion
City of Wenatchee v. Stearns
Washington Supreme Court upheld the legality, under the state's private affairs clause and the Fourth Amendment, of a police stop that was based on information received in a 911 call. A stop based on a 911 tip is lawful when circumstances indicate the tip is reliable and it contains a factual basis to give the officer reasonable suspicion of a crime, even if how the caller gathered the facts conveyed in the tip is not established.
Lindsay Wiley
Lindsay Wiley is a law professor at the University of California, Los Angeles and faculty director of its health law and policy program.
New York Courts Should Reject Texas’s Attempt to Enforce its Abortion Ban Beyond its Borders
Precedent supports the refusal to enforce out-of-state civil judgments that punish an individual in the name of protecting the public.
Isaacson v. Arizona
Healthcare providers seek to block enforcement of remaining abortion restrictions, including an in-person pre-procedure visit requirement, 24-hour waiting period, and telemedicine ban for medication abortions, on the basis that they violate a state constitutional amendment passed in November 2024 that establishes a fundamental right to pre-viability abortion.
Stein v. Berger
Refused to halt an appeals court decision allowing a law to go into effect that shifted power to appoint members to the state elections board from the governor to the state auditor. The governor had requested a stay of the appeals court decision. A trial court found that the law was unconstitutional, and litigation on those issues is ongoing.
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.
Doe v. Uthmeier
A 17-year-old petitioned for a judicial waiver so that she may consent to an abortion without parental notification and consent. A Florida intermediate appellate court held that the judicial waiver law, which allows parental consent to be bypassed upon certain trial court findings, violates parents' due process rights. Anticipating Florida Supreme Court review, the intermediate court certified the question of the law's constitutionality to the state high court.
