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State v. Bauler
Plurality holds that the state constitution's search and seizure provision was not violated when a K-9 handler and his trained canine momentarily made contact with the exterior of a vehicle during a dog sniff
In re Harris
Held that a judge may consider proffered inadmissible evidence to support denial of bail without violating due process principles so long as the evidence is reliable
Kaul v. Urmanski
Agreed to hear challenges to a 175-year-old law that conservatives claim bans abortion. A lower court said that law did not outlaw abortions. The high court will consider if it does and, if so, if it is still enforceable on an appeal brought by a Republican Wisconsin county attorney.
Foresman v. Foresman
The Hawaii Supreme Court will consider a law that reopened civil claims “based upon sexual acts” with a minor “that constituted or would have constituted a criminal offense” under certain statutes. At issue is whether the law can impose liability for acts that were not crimes when they were committed without violating federal and state constitutional bars against retroactive application of punishment.
Surface Water Use Permit Applications
Vacated the Water Commission’s decision regarding interim instream flow standards for failure to comply with the state constitution's public trust doctrine and remanded for further proceedings.
Hodes & Nauser v. Kobach; Hodes & Nauser v. Stanek
Affirmed district court's grant of summary judgment in favor of health care providers and said that a near-total ban on a common method of second trimester abortion, called a dilation and evacuation, violated the section 1 of the Kansas Constitution Bill of Rights, which protects a right to personal autonomy. In a second opinion, applying strict scrutiny, found unconstitutional additional licensing requirements for physicians who provide abortions than required for other providers.
Naomi Young
Naomi Young is a law and policy associate at the ERA Project at Columbia Law School’s Center for Gender and Sexuality Law.
Putting State Equal Rights Amendments to Work
A new initiative aims to integrate sex equality principles at every stage of policymaking.
In re State
Granted motion for temporary injunction, prohibiting the County’s plan to use federal funds for $500 monthly cash payments to residents because it could violate the state constitution's prohibition on gratuitous payments
State v. Autele
Held that trial courts have discretion to determine whether the state constitutional right to be represented by retained counsel of choice is outweighed by other considerations, including ethical requirements or the potential for undue delay and disruption of trial
