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State v. Nelson
Held that community custody conditions requiring the criminal defendant submit to breath analysis and urinalysis testing to monitor compliance with conditions prohibiting use of alcohol and unprescribed drugs were supported by authority of law, and thus were constitutional under art. 1 sec. 7 of the Washington Constitution, regardless of whether they were related to his specific crimes
Reuss v. Arizona
Healthcare providers sought to block enforcement of Arizona's 15-week abortion ban on the basis that it violates a state constitutional amendment passed in November 2024 that establishes a fundamental right to pre-viability abortion. On plaintiffs' motion for judgment on the pleadings, which the state did not contest, the trial court permanently blocked the ban.
State Politicians Broaden Attacks on Direct Democracy
Multiple state legislatures have taken steps to make it more difficult for citizens to amend their laws.
Montanans Against Irresponsible Densification v. State
Reversed lower court's preliminary injunction against state laws requiring municipalities to allow multi-unit dwellings in single-family zoned areas, finding that the state constitutional right to acquire and protect property is subject to the state's police power and that the "possibility" of constitutional harm is insufficient to support an injunction.
Access Independent Health Services v. Wrigley
Will consider whether trial court erred in striking down near-total abortion ban on bases that the law violates a woman's fundamental right to obtain an abortion pre-viability and the exceptions are unconstitutionally vague. The North Dakota Supreme Court previously refused to stay the trial court ruling, finding at that juncture that the state had not shown it was likely to prevail on appeal.
Cuomo v. New York State Commission on Ethics and Lobbying in Government
New York Court of Appeals held that state ethics commission does not violate separation of powers principles.
Assessing the State Reaction to the Supreme Court’s Undermining of Property Rights
Twenty years after Kelo v. City of New London, there has been much progress, but abusive takings continue in many states.
State v. Rippey
Held that the preservation provision of the Plea Withdrawal Statute, requiring a request to withdraw a guilty plea to be made by motion before a sentence was announced, was a “procedural rule” that infringed the judiciary's power under separation of powers
How Not to Criticize a Judge
The Montana Supreme Court recently splintered over internal accusations of partisan bias.
In re Port City Air Leasing, Inc.
Held that the petitioner did not have their state constitutional right to a remedy or their procedural due process rights violated by their lack of standing to appeal the Department of Environmental Services' decision to grant a wetlands permit to their competitor
