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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.
IVF Users Face Uncertain Legal Landscape
State courts are grappling with questions like ownership over and rights for embryos.
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.
State v. Adrian Fernandez
The Oregon Supreme Court will consider whether a law that restricts appellate courts’ authority to review a sentence that falls within the range set in guidelines by the state criminal justice commission precludes appellate review of a state constitutional challenge to that sentence. In an amicus brief, the American Civil Liberties Union argues that interpreting the law to preclude such appellate review would violate separation of powers and the state constitution's equality guarantee.
Stary v. Ethridge
Texas Supreme Court held that due process requires a heightened evidentiary standard to support a protective order prohibitng contact between a parent and child for longer than two years, likening such an order to a government's termination of parental rights. Instead of the ordinary civil preponderance of the evidence standard, a court must find the statutory requirements for such an order by clear and convincing evidence and must consider the best interests of the child.
New York’s Abortion Shield Law Survives First Challenge by Texas
A New York trial court ruled against Texas in an ongoing fight over whether New York must recognize Texas’s legal judgments against New York abortion providers.
States Pass Constitutional Amendments on Redistricting, Parental Rights, Water Preservation, and More
Californians approved a much-watched amendment that allows the use of a new congressional map.
Case Trends: State Courts Shape the Right to Vote
State high courts continue to settle disputes over voting and election processes, including obstacles to by-mail voting — and to define the right to vote under their own constitutions.
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.
Glen Oaks Village Owners v. City of New York
New York Court of Appeals upheld New York City law establishing greenhouse gas emission limits for large city buildings, concluding state climate law that sets emissions targets statewide does not preempt the field of regulating emissions.
