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League of Women Voters of Utah v. Utah State Legislature (LWV 2)
Utah Supreme Court voided Amendment D, a legislatively referred proposed state constitutional amendment that would have allowed lawmakers to repeal citizen-initiated and approved ballot measures. The amendment would have overturned a prior Utah high court ruling. The high court found the legislature failed to follow the proper procedure for placing an amendment on the ballot.
Planned Parenthood of Montana v. State (Planned Parenthood 3)
Upheld preliminary injunction against 2023 laws and an agency rule that limit Medicaid coverage for abortion, finding that they likely violate the right to a pre-viability abortion the Montana Supreme Court has recognized as protected by the state constitution's right to privacy, as well as the state's equal protection clause.
Planned Parenthood of Montana v. State (Planned Parenthood 4)
Upheld preliminary injunction against 2023 laws that prohibit dilation and evacuation abortions—the only outpatient procedure available in the second trimester in Montana—and require an ultrasound pre-abortion, effectively preventing telehealth mediation abortions. A majority of the court found that these laws likely violate the right to a pre-viability abortion the Montana Supreme Court has recognized as protected by the state constitution's right to privacy.
State v. Thompson
Ruled that state constitutional and statutory provisions required a concurrence of only ten jurors for acquittal for offenses committed before January 1, 2019
Gun Rights, Abortion Bans, and the Mysterious “Right to Travel”
The Massachusetts high court rejected a claim that licensing requirements for nonresidents carrying firearms violated the right to travel.
DeSantis and His Allies Go to War Against Direct Democracy
In a blatant power grab, the Florida governor and some legislators seek to remove one of the only remaining checks on their authority.
Montana’s Housing Crisis Fix Survives Constitutional Challenge
Homeowners favoring single-family residences sued to block legislation meant to increase housing supply and bring down home prices.
Republican National Committee v. Aguilar
Nevada Supreme Court affirmed denial of a preliminary injunction sought by the Republican National Committee to stop the practice of counting mail-in ballots that lack a postmark date but arrive by the statutory deadline. State law provides that ballots for which the “date of the postmark cannot be determined” must arrive by 5:00 p.m. on the third day after the election. The court found the statutory language ambiguous but said both legislative history and public policy support counting the un-postmarked ballots.
Arizona Supreme Court Grapples with Challenge to “Dark Money” Disclosure Law
Voters overwhelmingly approved the law in 2022 to shed light on anonymous campaign spending from large donors.
