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Bush v. Gore Introduced a Fringe Theory that Threatened Elections Decades Later
The “independent state legislature theory,” shut down in 2023 by the U.S. Supreme Court, would have robbed state courts of the power to review state laws related to federal elections.
How Originalism Revived an Abortion Ban a Majority of the North Dakota Supreme Court Held Unconstitutional
Although three of the five justices on the court concluded the ban violated state due process rights, a state rule requiring a supermajority to strike down a law means the dissenting opinion controls.
Hon. Barbara J. Pariente
Hon. Barbara J. Pariente served on the Florida Supreme Court from 1998 to 2019 and was the chief justice from 2004 to 2006.
Judging Democracy: A Former Justice Reflects on Bush v. Gore 25 Years Later
The legal battles over the 2000 presidential election were the beginning of a cautionary tale reminding us that democracy does not sustain itself.
Hicks v. State
Wyoming Supreme Court held that mandatory life without parole sentences for young adults who are over 18 do not violate the state constitution’s criminal punishment or equal protection clauses.
"Liberty" is a Big Word, and That’s OK
A recent abortion rights decision in North Dakota demonstrates that the distinction between “fundamental” and “non-fundamental” rights doesn’t always make sense in state constitutional jurisprudence.
Raftery v. State Board of Retirement
Massachusetts Supreme Judicial Court held that forfeiture of pension benefits required by state law when a state employee is convicted of violating laws applicable to his office did not violate the excessive fines or “cruel or unusual” punishment clause.
Differences in Kansas and Missouri Show Importance of Initiative Process
Unlike Kansans, Missouri voters can use ballot initiatives to enact laws and amendments their lawmakers refuse to pass.
Ex Parte David Leonard Wood
Texas Court of Criminal Appeals remanded subsequent habeas petition for development of actual innocence claim. Concurrence would hold that state constitution's distinctive protections against erroneous deprivations of life support an independent standard for actual innocence habeas claims involving capital sentences.
State Court Oral Arguments to Watch for in December
Issues on the dockets include taxpayers’ standing to sue, incarcerated people’s rights to acquire property, and claims Instagram’s design is addictive.
