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Choice of Law in an Era of Abortion Conflict
When a citizen of an anti-abortion state travels to another state to receive the procedure, which state’s law should apply?
League of Women Voters of Utah v. Utah State Legislature (LWV 2)
Voided Amendment D, a legislatively referred proposed state constitutional amendment that would have allowed lawmakers to repeal citizen-initiated and approved ballot measures. The amendment would have overturned a prior Utah high court ruling. The state supreme court found that legislature failed to follow the proper procedure for placing an amendment on the ballot.
Planned Parenthood of Montana v. State (Planned Parenthood 3)
Upheld preliminary injunction against 2023 laws and an agency rule that limit Medicaid coverage for abortion, finding that they 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, as well as the state's equal protection clause.
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.
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
In North Carolina, an Attempt to Overturn a Supreme Court Election
The losing candidate for a seat on the high court is trying to have more than 60,000 valid votes thrown out.
Are State Constitutional Clauses that Strengthen Gun Rights Relevant After Bruen?
States have continued to pursue amendments requiring strict scrutiny for gun restrictions even after the Supreme Court turbocharged the Second Amendment with an originalist approach.
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.
State Court Oral Arguments to Watch for in February
Issues on the dockets include a fetal heartbeat law, police use of force, and academic freedom.
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.
