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Navahine F. v. Hawai‘i Department of Transportation
State reached settlement with plaintiffs who sued over the climate impact of the state transportation system. Under settlement, Hawaii must plan and implement carbon reduction plans; fund and complete green transportation projects; establish oversight unit in the transportation department; and involve youth in the process. The trial court has approved the settlement and has jurisdiction over any disputes that arise.
Preterm-Cleveland v. Yost
Filed, by abortion providers, a lawsuit claiming the state’s abortion restrictions, including a 24-hour waiting period to receive abortion care, violate the state constitution’s right to reproductive freedom.
In Re the State of Texas
The State of Texas requested that a Harris County guaranteed income program in that would use federal funds to disburse $500 cash payments (monthly, for 18 months) to 2,000 low-income county residents be paused as a lawsuit over the program proceeds in the trial court. The Texas Supreme Court issued a temporary injunction.
In re Covid-related Restrictions on Religious Services
Affirmed dismissal of the clergy members’ challenge to restrictions on religious gatherings during the Covid-19 pandemic. Because the restrictions were lifted before the action was filed and the possibility of future pandemic conditions is speculative, the court said, the plaintiffs cannot establish irreparable harm for injunctive relief or standing for their declaratory claim. The court also found the governor immune from the clergies’ damages claims, rejecting the argument that his restrictions fell outside the state tort law’s liability exemption for “discretionary” acts because he lacked authority to interfere with religious worship under the state constitution.
Kanahele v. State
Held that the state's transfer of control over a mountain access road constituted a breach of its constitutional duty to carry out the Hawaiian Homes Commission Act
State of Washington v. Luthi
Held that an in-court holding cell, even during pretrial hearings when a jury is not present, undermines the presumption of innocence, limits defendants’ ability to confer confidentially with counsel, and is contrary to the “formal dignity” of the courtroom and treating defendants’ respectfully.
Stuart DeButts
Stuart DeButts is a student at NYU Law School and a former intern with the Brennan Center for Justice.
State Courts Can Provide Much-Needed Protection From Voter Deception
This past election, some state courts stepped in to protect the citizen initiative process from state-sponsored deception, while others refused. Their decisions influenced election outcomes.
Jessica Bulman-Pozen
Jessica Bulman-Pozen is a Betts Professor of Law and a director of the Center for Constitutional Governance at Columbia Law School
