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Amedure v. State
Ruled that Election Law § 9-209 (2) (g), which provides that if the members of a bipartisan local board charged with reviewing ballots are split as to a ballot's validity, the ballot shall be cast and canvassed, did not violate the equal representation mandate set forth in article II, section 8 of the New York Constitution and principles of judicial review and separation of powers
Nevada Policy Research Institute v. Miller
Held that respondents' dual service as legislators and employees of state or local government did not violate the doctrine of separation of powers
McKinney v. Goins
Ruled that the retroactive amendment of the statute of limitations for tort claims by victims of child sexual abuse effected by SAFE Child Act did not disturb or destroy a “vested right” and thus did not violate state constitution's Law of the Land Clause, and the General Assembly may enact retroactive legislation that does not fall into the two explicitly prohibited categories of retroactive laws enumerated in state constitution's Ex Post Facto Clause
State Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.
State ex rel. Martens v. Findlay Municipal Court
Overruled precedent that recognized a “public right” exception to standing requirements, which allowed plaintiffs seeking to enforce important public rights to avoid having to show personal injury. Affirmed dismissal for lack of traditional or taxpayer standing.
Roman Catholic Archbishop of Washington v. John Doe, Board of Education of Harford County v. Doe, The Key School, Inc., et al. v. Valerie Bunker
Maryland Supreme Court held that a law repealing a prior time bar for child sex abuse claims — which had prevented victims from suing once they turned 38 — did not violate a defendant's vested right to be free from liability because the prior time bar was an ordinary statute of limitations, not a statute of repose.
In re N.S.
Iowa Supreme Court issued divided opinion upholding state process for restoring gun rights revoked by federal law after an involuntary commitment, holding the process does not violate 2022's Amendment 1A that expressly required judges to apply strict scrutiny to gun regulations
In re Texas House of Representatives
Held that separation-of-powers principles prevent the Texas legislature from using its subpoena power to halt a long-scheduled execution.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
Crawford v. Commonwealth
Held that Philadelphia, city residents, and a gun-safety group had failed to state a claim that state laws preempting local gun control measures violate state constitutional due process, rejecting their argument that the clause protects a collective right to use local regulation as a means of self-defense from acts of gun violence.
