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Manny Marotta
Manny Marotta is a legal and political journalist who has contributed articles to JURIST, The Hill, Business Insider, and other outlets. He is currently a law clerk with Fix the Court, where he...
State Supreme Court Justices and Ethics Investigations
Challenges faced by state judicial ethics bodies show the need for reform.
State Supreme Court Justices and Ethics Investigations
Challenges faced by state judicial ethics bodies show the need for reform.
Planned Parenthood of Montana v. State (Planned Parenthood 1)
Montana Supreme Court held that a 20-week abortion ban; restrictions on medication abortions, including a telehealth ban and 24-hour waiting period; and requirement that providers give patients an opportunity to view an ultrasound and listen to a fetal heartbeat violate the express right to privacy in the state constitution.
Hawaii’s Lawsuit Against Oil Companies Alleges “Harm to Public Trust Resources”
States are suing companies that cause harm to the environment, relying on mandates requiring protection of public resources.
Steven D. Schwinn
Steven D. Schwinn is a professor at the University of Illinois Chicago School of Law
How the Constitution Constrains Presidential Overreach Against the States
Existing “anti-commandeering” doctrine is one avenue to challenge abuses of presidential power, but stronger arguments are rooted in the Constitution’s separation of powers.
Commonwealth v. Govan
Massachusetts Supreme Judicial Court held that imposition of GPS monitoring as a condition of pretrial release for a defendant whose conduct directly implicated state interests in protecting alleged crime and domestic violence victims and potential witnesses was constitutional under MA’s search and seizure clause. The court also held that an officer’s subsequent retrieval and review of an hour of defendant’s GPS location data in connection with investigating a new crime was not a search for state constitutional purposes because the defendant did not have a reasonable expectation of privacy in the accessed information.
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.
Opternative, Inc. v. South Carolina Board of Medical Examiners
Will consider whether a law that prevents telehealth companies from providing online vision tests for glasses and contact prescriptions in the state violates the businesses’ equal protection and due process rights under the South Carolina Constitution.
