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Universal Injunctions in State Courts
Debates over whether a judge in a single county can issue a statewide injunction are brewing. States should not follow the U.S. Supreme Court’s approach.
City of Fargo v. State
Held that a 2023 statute barring localities from enacting ordinances related to the purchase, sale, or possession of firearms and ammunitions that are more restrictive than state law preempted the city of Fargo’s limits on such sales and did not violate state constitutional “home rule” clauses as applied to Fargo’s restrictions.
Vet Voice Foundation v. Hobbs
Washington Supreme Court held requirement that election workers verify voter signatures on mail ballots, when coupled with the state’s recently expanded process for notifying voters and providing an opportunity to cure when a signature mismatch is identified, does not facially violate the state constitution’s free and equal elections, privileges and immunities, or due process clause.
Michigan Supreme Court Justice Richard Bernstein Discusses Disability Rights
Bernstein, the court’s first blind justice, travels the world promoting access and equality for disabled people.
States Grapple with the Death Penalty
More people have been executed in 2025 than in any year of the past decade. But some states are strengthening protections against the death penalty.
State v. Waldner
Held that privacy right in the state's victims'-rights amendment (known, along with versions in other states, as "Marsy's Law") is not self-executing, but a statute providing for appeal of certain orders affecting "substantial rights" may be used by crime victims to appeal denials of motions to quash discovery to enforce that privacy right. Also held that the right to privacy in the amendment is not an absolute protection from discovery requests and must be balanced against defendants' due process rights. For a discovery request to be upheld, a defendant must establish the relevance, admissibility, and specificity of the information sought.
McKay v. State
Reversed trial court ruling that a 2023 law that gives the attorney general control over the state’s defense of the imposition of the death penalty on collateral review violates the state constitutional provision governing the duties of district attorneys
As Executions Rise, A Conversation with an Attorney Whose Clients Are Facing the Death Penalty
John Mills, whose client on Oklahoma’s death row was granted a new trial by the U.S. Supreme Court this term, discusses his anti-death-penalty advocacy.
Ellutzi v. Regents of the University of California
Two students and a professor allege university violated their state and federal constitutional rights to due process, speech, and assembly by summarily banning them from campus after they failed to disperse when the university deployed law enforcement to dismantle a "Gaza Solidarity Encampment." The trial court denied plaintiffs' motion for preliminary injunction, citing "disputed evidence."
League of Women Voters of Missouri v. State
Missouri Supreme Court will review trial court decision enjoining restrictions on voter registration and absentee ballot solicitation activities, which found the restrictions unconstitutionally vague and to violate free speech and association rights.
