Search
Filter Search
IVF Users Face Uncertain Legal Landscape
State courts are grappling with questions like ownership over and rights for embryos.
State v. City of San Antonio
Court of Appeals blocked a city from distributing payments under a $100,000 fund created to cover reproductive healthcare costs, which may include out-of-state travel for abortion care, while a full appeal is pending. Preliminarily held the fund violates the state constitution's gift clause because sending residents to undergo procedures out of state that Texas prohibits within the state does not count as a public purpose. Although the city had not yet disbursed any money and argued it still had the option to choose not to pay for out-of-state abortion travel, the panel found it sufficiently likely such payment would occur for the dispute to be ripe.
State v. Hidlebaugh
Iowa Supreme Court will consider whether a trial court's imposition of a harsher sentence based at least in part on the defendant's financial inability to purchase a home violates the state and federal equal protection clauses.
State v. Amble
Iowa Supreme Court revisited its 2021 decision in State v. Wright that the state's search and seizure clause requires police to obtain a warrant before searching garbage placed curbside for collection, finding that subsequent enactment of a state statute providing such garbage "shall be deemed abandoned property" means a warrant is no longer constitutionally required. The majority reasoned that Wright relied on "positive law" -- a local anti-scavening ordinance prohibiting anyone but licensed trash collectors from picking up trash -- to define private property rights, and the state statute changed that positive law by preempting the local ordinance. A dissent opined that the majority's position allows legislative "end-runs" of constitutional rights and disregards an overarching reasonable-expectation-of-privacy analysis.
State v. Green
Tennessee Supreme Court held that, following the state's legalization of hemp, a positive alert from a drug-detecting dog incapable of distinguishing between the smell of legal hemp and illegal marijuana could still contribute to a probable cause finding to support a vehicle search.
Josh Kaul v. Wisconsin State Legislature
Wisconsin Supreme Court held a law giving a legislative committee authority to approve or disprove civil settlements reached by the state justice department violates separation of powers as applied to civil enforcement actions and civil cases brought on behalf of executive agencies. Settling these types of actions is within the core power of the executive branch, as the legislature has failed to demonstrate that doing so implicates an institutional interest giving lawmakers a shared constitutional role.
New York’s Abortion Shield Law Survives First Challenge by Texas
A New York trial court ruled against Texas in an ongoing fight over whether New York must recognize Texas’s legal judgments against New York abortion providers.
States Pass Constitutional Amendments on Redistricting, Parental Rights, Water Preservation, and More
Californians approved a much-watched amendment that allows the use of a new congressional map.
Case Trends: State Courts Shape the Right to Vote
State high courts continue to settle disputes over voting and election processes, including obstacles to by-mail voting — and to define the right to vote under their own constitutions.
State v. Spencer
Illinois Supreme Court held that an aggregate 100-year prison sentence for a defendant who was 20 when the crimes occurred is not a de facto life sentence because a state statute makes first-degree murder defendants under 21 eligible for parole after 20 years and mandates that the reviewing board consider mitigating circumstances related to the defendant’s youth. The court further held that the the fact the sentence is not de facto life does not foreclose the defendant from bringing an as-applied challenge to his sentence under the state constitution’s “proportionate penalties” clause in a post-conviction petition.
