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Doe v. Uthmeier
A 17-year-old petitioned for a judicial waiver so that she may consent to an abortion without parental notification and consent. A Florida intermediate appellate court held that the judicial waiver law, which allows parental consent to be bypassed upon certain trial court findings, violates parents' due process rights. Anticipating Florida Supreme Court review, the intermediate court certified the question of the law's constitutionality to the state high court.
Hilo Bay Marina v. State of Hawaii
Hawaii Supreme Court held the state constitution’s provision against state establishment of religion prevents the state from enforcing a deed restriction requiring property to be used “for Church purposes only.”
Resistance to Public Policies Assisting the Poor
Property owners have challenged programs meant to assist vulnerable populations, alleging they are unconstitutional takings of private property for public use.
Howell v. Cooper; North Carolina Bar and Tavern Association v. Stein
The North Carolina Supreme Court held, in two cases heard together, that bar owners pleaded colorable claims that executive orders shutting down or restricting operation of their businesses violated their right to earn a living.
Care and Prevention of Eve
Massachusetts Supreme Judicial Court held that department of children and families violated the state constitution's free exercise of religion protection when it vaccinated a child temporarily in its custody over the religious objections of her parents. Parents who have temporarily lost custody of their children retain a residual right to direct their religious upbringing, and the state must demonstrate that allowing the child to remain unvaccinated would substantially hinder the department’s compelling interest in the vaccination.
State v. Davieontray Breax
Louisiana Supreme Court held that the state constitution bars prosecutors from joining capital charges with other felony charges in one indictment.
State Court Oral Arguments to Watch for in November
Issues on the dockets include indigent defense crises in multiple states, what’s been called a “de facto repeal” of citizens’ initiative power, and a voter-approved ban on large-capacity magazines.
J.F. v. St. Vincent Hospital
Indiana Supreme Court established a new approach to mootness for the state constitutional and statutory right to appeal court-ordered temporary involuntary commitments confining individuals to mental health treatment facilities, holding that expiration of such an order generally will not bar appeal. Expiration will only moot an appeal if the appellee can show the absence of any collateral consequence from the temporary commitment order.
Planned Parenthood v. Urmanski
Wisconsin Supreme Court dismissed Planned Parenthood's action contending that a 175-year old law, if interpreted by the court to ban abortions, violates pregnant people and their physicians' inherent rights to life and liberty and equal protection under the state constitution. The case was dismissed because the court held in Kaul v. Urmanski that the law does not ban abortions.
The Maryland Constitution: One of the Nation’s Oldest, Was a Model for Other States
The state’s current constitution was adopted during the Reconstruction Era as a reactionary effort to re-establish pre-Civil War government.
