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White v. City of Mableton
Held that legislation that created and incorporated a city and created community improvement districts within it did not violate the Illinois Constitution's single subject rule
Wasserman v. Franklin County
Held that federal third-party standing was not compatible with Georgia's well-settled constitutional standing rule requiring a plaintiff to assert her own rights to maintain an action; therefore, a plaintiff cannot establish constitutional standing in Georgia courts asserting only the rights of third parties not before the court
Maryjane Johnson
Maryjane Johnson is a program associate in the Democracy Program at the Brennan Center for Justice.
State Justices Continue to Challenge Originalism
A lively debate about the value of “history and tradition” in analyzing cases is ongoing in state courts. Some justices are pushing for alternative interpretative methodologies.
People v. White
Held that an open, blind, guilty plea with no agreement as to sentence did not waive a constitutional challenge to the sentence, overruling prior precedent holding otherwise
Martin v. Goodrich Corporation
Prospective application of a provision of the Worker's Occupational Disease Act creating an exception to the exclusivity of the Act for claims which would otherwise be precluded by a period of repose did not violate employer's right to due process
Johnson v. Board of Education
Held that public schools is a "public accommodation" within the meaning of the New Mexico Human Rights Act, which makes discriminatory conduct in a public accommodation unlawful, overruling prior ruling holding otherwise
Nicole Ozer
It’s Time to Revitalize California’s Constitutional Right to Privacy
Recently filed cases challenging AI surveillance provide an opportunity for California courts to properly apply the state’s privacy right.
Rand v. New Hampshire
New Hampshire Supreme Court reversed trial court and held that statewide property tax scheme designed to pay for schools that allows a locality to retain any tax revenue in excess of what the district needs to fund an adequate education does not not violate a state constitutional clause empowering the legislature to levy "proportional" taxes on all New Hampshire residents. Also held that the state tax agency’s practice of setting negative local tax rates in unincorporated places with minimal or no education costs to offset nearly or completely the statewide rate does violate that clause.