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Josh Kaul v. Wisconsin State Legislature
Wisconsin Supreme Court held a law giving a legislative committee authority to approve or disprove civil settlements reached by the state justice department violates separation of powers as applied to civil enforcement actions and civil cases brought on behalf of executive agencies. Settling these types of actions is within the core power of the executive branch, as the legislature has failed to demonstrate that doing so implicates an institutional interest giving lawmakers a shared constitutional role.
Alaska v. Planned Parenthood of the Great Northwest
Alaska Supreme Court will consider whether the state's ban against advanced practice clinicians performing medication and aspiration abortions violates the state constitutional privacy right to make reproductive decisions or equal protection.
State v. Spencer
Illinois Supreme Court held that an aggregate 100-year prison sentence for a defendant who was 20 when the crimes occurred is not a de facto life sentence because a state statute makes first-degree murder defendants under 21 eligible for parole after 20 years and mandates that the reviewing board consider mitigating circumstances related to the defendant’s youth. The court further held that the the fact the sentence is not de facto life does not foreclose the defendant from bringing an as-applied challenge to his sentence under the state constitution’s “proportionate penalties” clause in a post-conviction petition.
State v. Green
Tennessee Supreme Court held that, following the state's legalization of hemp, a positive alert from a drug-detecting dog incapable of distinguishing between the smell of legal hemp and illegal marijuana could still contribute to a probable cause finding to support a vehicle search.
The Landmark Case That Extended Speech Rights on Private Property
In 1980, the New Jersey Supreme Court ruled that Princeton University could not exclude members of the public from distributing political materials on campus.
Montana Environmental Information Center v. Office of the Governor
Montana Supreme Court held that a party who succeeds on a state constitutional “right to know” claim in a public records dispute is entitled to a presumption that they should be awarded attorneys’ fees. Two dissents opined that the holding was motivated by partisan bias.
Schwartz v. Washington County
Will consider whether statutes that establish state tobacco retail licenses and that authorize licensees to sell tobacco products and vaping devices preempt a county ordinance that prohibits the sale of flavored tobacco products and vapes. An intermediate court found the statutes did not preempt the county ordinance.
State High Courts Split on Laws Letting Survivors of Sexual Abuse Sue After Expiration of Statutes of Limitations
State supreme courts have emphasized different constitutional provisions to decide whether bills reviving time-barred civil causes of action for child sexual abuse claims are constitutional.
Paxton v. Annunciation House
Texas Supreme Court held that a clause empowering the state attorney general to seek judicial forfeiture of corporate charters permits him to bring a quo warranto action to shut down a Catholic charity based on allegations it violated a state law against harboring undocumented immigrants. The state's religious freedom restoration act does not bar the claim from being filed, and the law is neither unconstitutionally vague nor precluded by federal immigration law. Remanded the case to the trial court for further proceedings on the merits.
