Search
Filter Search
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.
We Need to Know More About State Supreme Court Cases
State high courts interpret laws that impact some of the most intimate parts of our lives. Communities have a right to know what’s on the docket.
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
Commonwealth v. Lee
The Pennsylvania Supreme Court will decide whether mandating a life sentence, without the possibility of parole, for “felony murder” — a legal doctrine that allows someone to be prosecuted for murder for any death that occurs during the commission of a separate felony, even if the defendant never meant to kill anyone — violates the Pennsylvania Constitution’s ban on “cruel” punishments or the federal Eighth Amendment.
Bienvenu v. Defendant 1
Vacated prior ruling and held that a statute, which retroactively revived certain prescribed child sex abuse claims for limited three-year period, did not conflict with state constitutional substantive due process protection against disturbing vested rights
Roman Realty, LLC v. The City of Morgantown
Ruled that the state constitution's takings clause does not require an eminent domain proceeding be initiated to ascertain just compensation, merely that just compensation must be paid
The Curious Case of Oklahoma Search and Seizure
Because Oklahoma has two constitutional masters, it simultaneously has two different doctrines of search and seizure.
So You Passed a State Constitutional Amendment Protecting Abortion. Now What?
Voter approval of an amendment is often just one step in lengthy legal and political wrangling over state abortion rights.
State v. Barr
Held that the mandatory consecutive sentence requirement in the Idaho Code did not violate the separation of powers provision of the Idaho Constitution
