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Robust Missouri Dispensary 3 v. St. Louis County
Missouri Supreme Court held that the definition of "local government" in a 2022 amendment legalizing recreational marijuana use plainly prevents both counties and cities from imposing sales tax on the same marijuana products.
Columbus City School District v. State
Trial court found the state’s recently expanded EdChoice school voucher program violates the state constitution’s requirement of “a thorough and efficient system of common schools.”
"Liberty" is a Big Word, and That’s OK
A recent abortion rights decision in North Dakota demonstrates that the distinction between “fundamental” and “non-fundamental” rights doesn’t always make sense in state constitutional jurisprudence.
Englewood Hospital & Medical Center v. State
New Jersey Supreme Court rejected claims by a group of hospitals that the state’s “charity care program” — which prevents them from turning away people unable to pay and from billing qualified patients — constitutes an illegal "per se" or regulatory taking under the state and federal constitutions.
Montenegro v. Fontes
Arizona Supreme Court held state lawmakers have standing to challenge provisions of a citizen-initiated campaign-disclosure law they allege improperly delegate legislative power to a commission in violation of separation of powers.
Differences in Kansas and Missouri Show Importance of Initiative Process
Unlike Kansans, Missouri voters can use ballot initiatives to enact laws and amendments their lawmakers refuse to pass.
State v. Haynes
Connecticut Supreme Court declined to depart from precedent, based on federal case law, permitting prosecutors to impeach a defendant's trial testimony using statements obtained in violation of the defendant's Miranda rights.
People v. Eads
Michigan Supreme Court will consider appeal of intermediate decision finding a 50-year minimum sentence for a defendant convicted of second-degree murder as a juvenile to be "cruel or unusual" punishment
State Court Oral Arguments to Watch for in December
Issues on the dockets include taxpayers’ standing to sue, incarcerated people’s rights to acquire property, and claims Instagram’s design is addictive.
Comprehensive Health of Planned Parenthood Great Plains and Planned Parenthood Great Rivers v. State of Missouri
Asking the court to declare unconstitutional and block enforcement of Missouri’s ban on abortion, its ban on the use of telemedicine for abortion, the 72-hour waiting period for the procedure, and multiple other restrictive abortion-related laws.