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Care and Prevention of Eve
Massachusetts Supreme Judicial Court held that department of children and families violated the state constitution's free exercise of religion protection when it vaccinated a child temporarily in its custody over the religious objections of her parents. Parents who have temporarily lost custody of their children retain a residual right to direct their religious upbringing, and the state must demonstrate that allowing the child to remain unvaccinated would substantially hinder the department’s compelling interest in the vaccination.
Jess Brouard
Jess Brouard is a special assistant in the Brennan Center for Justice’s Elections & Government Program.
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
Missouri Appeals Court Upholds Order Blocking Abortion Restrictions
The ruling is the latest in a long-running saga over abortion access following voters’ 2024 approval of a state constitutional reproductive-rights amendment.
State v. Davieontray Breax
Louisiana Supreme Court held that the state constitution bars prosecutors from joining capital charges with other felony charges in one indictment.
Planned Parenthood v. Urmanski
Wisconsin Supreme Court dismissed Planned Parenthood's action contending that a 175-year old law, if interpreted by the court to ban abortions, violates pregnant people and their physicians' inherent rights to life and liberty and equal protection under the state constitution. The case was dismissed because the court held in Kaul v. Urmanski that the law does not ban abortions.
J.F. v. St. Vincent Hospital
Indiana Supreme Court established a new approach to mootness for the state constitutional and statutory right to appeal court-ordered temporary involuntary commitments confining individuals to mental health treatment facilities, holding that expiration of such an order generally will not bar appeal. Expiration will only moot an appeal if the appellee can show the absence of any collateral consequence from the temporary commitment order.
2025 Ballot Measures to Watch
Voters will decide whether to amend their state constitutions or statutes regarding redistricting, voting, firearm access, parental rights, taxes, and more.
State v. Adrian Fernandez
The Oregon Supreme Court will consider whether a law that restricts appellate courts’ authority to review a sentence that falls within the range set in guidelines by the state criminal justice commission precludes appellate review of a state constitutional challenge to that sentence. In an amicus brief, the American Civil Liberties Union argues that interpreting the law to preclude such appellate review would violate separation of powers and the state constitution's equality guarantee.
Stary v. Ethridge
Texas Supreme Court held that due process requires a heightened evidentiary standard to support a protective order prohibitng contact between a parent and child for longer than two years, likening such an order to a government's termination of parental rights. Instead of the ordinary civil preponderance of the evidence standard, a court must find the statutory requirements for such an order by clear and convincing evidence and must consider the best interests of the child.
