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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
State v. Waldner
Held that privacy right in the state's victims'-rights amendment (known, along with versions in other states, as "Marsy's Law") is not self-executing, but a statute providing for appeal of certain orders affecting "substantial rights" may be used by crime victims to appeal denials of motions to quash discovery to enforce that privacy right. Also held that the right to privacy in the amendment is not an absolute protection from discovery requests and must be balanced against defendants' due process rights. For a discovery request to be upheld, a defendant must establish the relevance, admissibility, and specificity of the information sought.
City of Fargo v. State
Held that a 2023 statute barring localities from enacting ordinances related to the purchase, sale, or possession of firearms and ammunitions that are more restrictive than state law preempted the city of Fargo’s limits on such sales and did not violate state constitutional “home rule” clauses as applied to Fargo’s restrictions.
Wyoming Supreme Court Set to Decide Whether Abortion Is Health Care
A lower court ruled Wyoming’s abortion ban violated a state constitutional amendment guaranteeing the right to make one’s own health care decisions.
Mary E. Adkins
Mary E. Adkins is a professor emerita at the University of Florida Levin College of Law. She has written extensively on the Florida Constitution and is the author of Making Modern Florida: How...
The Florida Constitution: For the People?
Citizen support for constitutional amendments has been undermined by the legislature’s interpretation of those initiatives.
In re L.E.S.
Will consider whether a "would have been married" test created by an intermediate appellate court to determine whether a woman, who had children with a same-sex partner at a time when the state's same-sex marriage ban was in effect, has parental rights over the children, violates separation of powers principles and the state constitution's ban on retrocative laws by effectively rewriting state statutes that do not recognize common-law marriage and define parenthood in the case of artificial insemination.
Richard Michael Fay vs David Pedro
Oregon trial court found the corrections department had unconstitutionally inflicted cruel and unusual punishment and unnecessary rigor by failing to provide adequate medical treatment and diagnosis to an inmate for serious injuries sustained in prison, and ordered specific medical care to be provided.
Ellutzi v. Regents of the University of California
Two students and a professor allege university violated their state and federal constitutional rights to due process, speech, and assembly by summarily banning them from campus after they failed to disperse when the university deployed law enforcement to dismantle a "Gaza Solidarity Encampment." The trial court denied plaintiffs' motion for preliminary injunction, citing "disputed evidence."
Moe v. Yost
An Ohio appellate court struck down a state ban on gender-affirming medical care for trans youth, holding that it violated the state constitution's "health care freedom" amendment and the fundamental right of parents to seek appropriate medical care for their children. The court remanded the case to the trial court to impose a permanent injunction as to enforcement of the law's provisions banning the use of puberty blockers and hormones “for the purpose of assisting the minor individual with gender transition.” The state attorney general appealed the appellate decision to the Ohio Supreme Court, which stayed the ruling pending resolution of the appeal.
