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In North Carolina, an Attempt to Overturn a Supreme Court Election
The losing candidate for a seat on the high court is trying to have more than 60,000 valid votes thrown out.
Are State Constitutional Clauses that Strengthen Gun Rights Relevant After Bruen?
States have continued to pursue amendments requiring strict scrutiny for gun restrictions even after the Supreme Court turbocharged the Second Amendment with an originalist approach.
Gilmore v. Gallego
Held that "release time" provisions contained in city employee union's memorandum-of-understanding were unconstitutional under the state's gift clause
Spillane v. Lamont
Held that a statute prospectively eliminating a religious exemption to a vaccination requirement as a condition of public and private school enrollment did not infringe on state constitutional right to a free public school education
Silver State Hope Fund v. Nevada Department of Health and Human Services
Lower court held that Nevada’s restrictions on Medicaid coverage for abortion violated the state’s equal rights amendment by discriminating on the basis of sex and that, at minimum, strict scrutiny review applies to sex-based classifications under the amendment. The state did not appeal the trial court’s ruling.
Held v. Montana
Held that Montana’s policy of excluding greenhouse gas emissions and related climate impacts from environmental reviews of fossil fuel projects violated the state constitution’s guarantee of a clean and healthful environment.
State Court Oral Arguments to Watch for in February
Issues on the dockets include a fetal heartbeat law, police use of force, and academic freedom.
Doe v. Minnesota
Left in place a lower court order blocking abortion restrictions relating to mandated physician care, hospitalization, criminalization, parental notification, and informed consent for violating the state constitution
Scholarship Roundup: New Year Edition
The last few months brought a rich array of articles and books about state constitutions, courts, and governance.
In States with Abortion Bans, When Does a Medical Emergency Trigger an Exception?
Doctors have delayed life-saving care out of confusion over exceptions to strict abortion bans. State courts are being asked to clarify the laws.