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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.
Scholarship Roundup: New Year Edition
The last few months brought a rich array of articles and books about state constitutions, courts, and governance.
In States with Abortion Bans, When Does a Medical Emergency Trigger an Exception?
Doctors have delayed life-saving care out of confusion over exceptions to strict abortion bans. State courts are being asked to clarify the laws.
Local Abortion Restrictions Preempted in New Mexico
The New Mexico Supreme Court struck down an attempt by conservative activists to create anti-abortion enclaves in the state, which has expansive abortion protections.
Arizona Right to Life v. Fontes
Held that the ballot description for an abortion-rights amendment initiative was sufficiently accurate and was not required to explain the initiative's potential impact on existing abortion laws.
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
Krasner v. Ward
Held that articles of impeachment brought by the Pennsylvania legislature against District Attorney of Philadelphia County Larry Krasner became null and void upon the expiration in November 2022 of that legislative session.
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.
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.