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What this Year’s SCOTUS Term Means for State Courts
Several rulings will impact the power of state courts and the cases that come before them.
Attorney General v. Hood
Held that the state’s civil rights charges against the Nationalist Social Club-131, a white nationalist and neo-Nazi organization operating in the New England area, in connection with a July 2022 incident where members displayed banners reading “KEEP NEW ENGLAND WHITE” from a highway overpass without a permit, impermissibly chilled the defendant’s constitutional right of free speech and premised on an overbroad reading of the statute
Montana Environmental Information Center & Sierra Club v. Montana Department of Environmental Quality
Held that the Department of Environmental Quality appropriately considered noise impacts of a proposed project as required under the Montana Environmental Policy Act, but did not analyze lighting impacts and greenhouse gas emissions as required under the then-applicable language of the Act
Montana Trout Unlimited v. Montana Department of Natural Resources & Conservation
Held that the exemption of dewatering from the Montana Water Use Act's permitting requirements did not violate the water rights section of the state's constitution
Rafael Cox Alomar
Rafael Cox Alomar is a professor of law at the David A. Clarke School of Law of the University of the District of Columbia in Washington D.C. and author of...
The Puerto Rico Constitution: A Unique Territorial Framework
Though the island’s territorial constitution offers unique provisions and a focus on human rights, Congress still exerts plenary powers over Puerto Rico.
LeMieux v. Evers
The Wisconsin Supreme Court held, in a divided decision, that the governor did not exceed his partial veto authority under the state constitution when he altered digits, words, and punctuation in a budget bill to extend a school funding increase from 2 to 402 years.
Department of Environmental Protection v. Pennsylvania Legislative Reference Bureau; Bowfin KeyCon Holdings v. Pennsylvania Department of Environmental Protection
The Pennsylvania Supreme Court will consider consolidated challenges to the state's participation in a regional program to cap greenhouse gases. The Commonwealth Court found the program to constitute a tax within the prerogative of the legislature, so concluded the governor's entry into the program by executive rulemaking violated separation of powers. Amicus groups and intervenors have argued the lower court's tax determination did not adequately take account of the state's duties under Pennsylvania's environmental rights amendment.
Gotay v. Creen
Massachusetts Supreme Judicial Court held that a “special relationship” exists between foster children and the state that imposes an affirmative duty on the state to ensure a reasonably safe foster home environment, but found the state defendants were entitled to qualified immunity on the parent and guardian's substantive due process claim.
Dupuis v. Roman Catholic Bishop of Portland
Held that a law that revived claims based on sex acts toward minors that were previously time-barred impairs a defendant's vested right to be free from a claim once its statute of limitations has expired, finding that a prohibition on laws reviving expired claims "runs as a theme" throughout the text of Maine's Constitution.
