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The Power of State Reproductive Freedom Amendments
A new report analyzes the language and effects of recently adopted amendments protecting reproductive rights and highlights their potential for abortion access and beyond.
The Vermont Constitution: Early Grievances, Notable Early Protections, Still Evolving
The state’s constitution has lasted since 1793, but recent changes rid it of the vestiges of slavery and protect reproductive rights.
State Legalization of Marijuana Is Changing Search and Seizure Jurisprudence
The smell of marijuana, on its own, is no longer considered to be evidence of criminal activity in many jurisdictions.
J.F. v. St. Vincent Hospital
Indiana Supreme Court established a new approach to mootness for the state constitutional and statutory right to appeal court-ordered temporary involuntary commitments confining individuals to mental health treatment facilities, holding that expiration of such an order generally will not bar appeal. Expiration will only moot an appeal if the appellee can show the absence of any collateral consequence from the temporary commitment order.
Do State Constitutions Demand a Monopoly for Public Schools?
Courts across the country are considering whether school-choice programs violate state constitutions.
State v. Adrian Fernandez
The Oregon Supreme Court will consider whether a law that restricts appellate courts’ authority to review a sentence that falls within the range set in guidelines by the state criminal justice commission precludes appellate review of a state constitutional challenge to that sentence. In an amicus brief, the American Civil Liberties Union argues that interpreting the law to preclude such appellate review would violate separation of powers and the state constitution's equality guarantee.
Book Excerpt: Sedition: How America's Constitutional Order Emerged from Violent Crisis
Throughout history, state constitutional drafting has involved failure and violent crisis and has sometimes torn us apart rather than brought us together.
Stary v. Ethridge
Texas Supreme Court held that due process requires a heightened evidentiary standard to support a protective order prohibitng contact between a parent and child for longer than two years, likening such an order to a government's termination of parental rights. Instead of the ordinary civil preponderance of the evidence standard, a court must find the statutory requirements for such an order by clear and convincing evidence and must consider the best interests of the child.
Glen Oaks Village Owners v. City of New York
New York Court of Appeals upheld New York City law establishing greenhouse gas emission limits for large city buildings, concluding state climate law that sets emissions targets statewide does not preempt the field of regulating emissions.
How the Tort Wars Became the Court Wars
Recent rulings in Ohio and North Carolina demonstrate divisions on medical malpractice damages caps.
