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People v. Armstrong
Michigan Supreme Court held that, following the state's legalization of some marijuana use and possession, the smell of marijuana, standing alone, does not constitute probable cause to justify the warrantless search of a car.
Kansas v. Harper
Trial court found requirement that drivers' licenses display sex as assigned at birth did not violate equal protection by discriminating based on sex or transgender status, or a right to personal autonomy or informational privacy. Appellate court reversed on separate grounds and remanded to a new judge
Washington v. Meta Platforms
Washington Supreme Court will consider whether the state's Fair Campaign Practices Act violates First Amendment speech protections or is preempted by the federal Communications Decency Act.
Sikora v. Iowa
Iowa Supreme Court held that a former incarcerated person’s state constitutional and tort damages claims against the state and correction officers for releasing him from prison five months late were barred by the legislature’s choice not to waive sovereign immunity for false imprisonment claims. Three dissenting justices would have held that the right to sue an official for false imprisonment was part of the common law at the state constitution’s adoption and was secured by its liberty guarantees, precluding legislators from eliminating that right in the state tort claims act.
League of Women Voters of South Carolina v. Alexander
South Carolina Supreme Court held that partisan gerrymandering claims are nonjusticiable political questions, which state courts cannot review, under the state constitution.
We Need More Public Defenders on the Bench
A series of decisions from the Colorado Supreme Court suggests that justices who used to be prosecutors are more likely to issue law-enforcement friendly decisions.
Can the Right to Bear Arms Be Waived?
A solution to the constitutional uncertainty around many state-issued protection orders may come from an overlooked detail in a recent Second Amendment decision from the U.S. Supreme Court.
Center for Coalfield Justice v. Washington County Board of Elections
Pennsylvania Supreme Court held a county election board policy that provided no notice to voters whose mail-in ballots were disqualified for errors and gave the misimpression they could not vote by provisional ballot violated voters' procedural due process rights
Grube v. Trader; State v. Rogan
Hawaii Supreme Court held that law requiring courts to "seal or otherwise remove all judiciary files" from any public electronic judicial database must be interpreted as providing two options to avoid state constitutional right to public access and separation of powers issues: removal of judicial records from the qualifying database, but keeping them publicly available for in-person review; or sealing of court records on a case-by-case basis, subject to procedural and substantive safeguards.
Alaska v. Planned Parenthood of the Great Northwest
Alaska Supreme Court will consider whether the state's ban against advanced practice clinicians performing medication and aspiration abortions violates the state constitutional privacy right to make reproductive decisions or equal protection.