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Mohebali v. Hayes
North Carolina Court of Appeals held that a law capping jury awards of noneconomic damages for medical malpractice did not violate the state constitutional jury trial right of a plaintiff who sued her physician for negligence for allowing her pregnancy to extend to 44-weeks, resulting in fetal death.
Taking Offense v. State of California
California Supreme Court upheld against a First Amendment challenge a law that prohibits staff at long-term care facilities from “willfully and repeatedly” failing to use a resident’s preferred name or pronouns
State Court Oral Arguments to Watch for in February
Issues on the dockets include affirmative action, partisan gerrymandering, unaffordable bail, and juryless agency trials.
Gatehouse Media Ohio Holdings v. City of Columbus Police Department
Ohio Supreme Court ruled officers shot at by a suspect they ultimately killed in return fire are crime victims entitled to privacy right in Ohio's Marsy's Law amendment and redacting their identities does not violate any general state constitutional right to access public records
Wygant v. Lee (formerly Moore v. Lee)
Tennessee Supreme Court upheld state legislative maps passed in 2022 against challenges that the house map split more counties than necessary and the senate map failed to consecutively number districts
When Can States Prosecute Federal Agents?
Federal precedent permits such prosecutions in limited circumstances, but the legal bar remains high.
Access Independent Health Services v. Wrigley
North Dakota Supreme Court upheld state's abortion ban despite three of five justices concluding a health-risk exception was unconstitutionally vague, because the state constitution requires four justices to declare legislation unconstitutional
Case Trends: State Courts Grapple with Gun Rights
Multiple courts last year upheld state laws that restricted the right to bear arms. Courts also struggled to interpret related U.S. Supreme Court decisions.
New Year Scholarship Roundup: Federal-State Conflict, State Courts, and Election Administration
Several new articles explore state power in times of federal-state and interstate conflict.
The Path Not Taken in Federal Takings Law
Debates from 19th century state conventions explain why some constitutions allow takings for “private use.”
