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Sync Title Agency, LLC v. Arizona Corporation Commission
Arizona Court of Appeals held that juryless administrative hearings for civil securities charges do not violate the state constitution's jury trial right. The court relied on the same holding reached by a separate panel of the appeals court in EFG America v. Arizona Corporation Commission. The company plaintiff in EFG has petitioned the Arizona Supreme Court for review of this issue.
Republican National Committee v. Eternal Vigilance Action, Inc; Georgia v. Eternal Vigilance Action
Georgia Supreme Court ruled invalid under state nondelegation principles four of seven rules passed by the Georgia State Election board, while upholding one rule. The court did not decide the validity of two other rules, holding that the plaintiffs lacked standing to challenge the provisions.
Atlantic Games, Inc. v. Georgia Lottery Corporation
Concurral to denial of certiorari by Justice Peteerson questioned whether the court should reconsider existing caselaw on the nondelegation doctrine in a different case because, in their view, it does not comport with original public meaning
State Court Oral Arguments to Watch for in October
Issues on the dockets include New York’s Voting Rights Act, investigations of gender-affirming care for minors, and Meta’s challenge to a disclosure law for political ads.
Commonwealth v. Govan
Massachusetts Supreme Judicial Court held that imposition of GPS monitoring as a condition of pretrial release for a defendant whose conduct directly implicated state interests in protecting alleged crime and domestic violence victims and potential witnesses was constitutional under Massachusetts's search and seizure clause. The court also held that an officer’s subsequent retrieval and review of an hour of defendant’s GPS location data in connection with investigating a new crime was not a search for state constitutional purposes because the defendant did not have a reasonable expectation of privacy in the accessed information.
Members of the Medical Licensing Board of Indiana v. Planned Parenthood Great Northwest
Indiana Supreme Court held that the right to privacy does not protect the right to abortion except when necessary to protect the patient’s life or to protect a patient from a serious health risk. The court left open the possibility of an as-applied challenge to the state's ban, which is being pursued on remand.
Foresman v. Foresman
Hawaii Supreme Court upheld law that reopened civil claims based on sexual acts with a minor "that constituted or would have constituted a criminal offense,” finding it established a statute of limitations, not an independent cause of action, and only imposed liability for acts that were crimes when the conduct occurred
Amdor v. Grisham
Denied portion of original petition alleging that governor's executive orders declaring or addressing gun violence and drug abuse as public health emergencies pursuant to the state's Public Health Emergency Response Act violate either the scope of that law or separation of powers. But granted petition to extent it challenged part of the orders suspending a juvenile detention program for exceeding the limits of the state's police power.
Lindsay Wiley
Lindsay Wiley is a law professor at the University of California, Los Angeles and faculty director of its health law and policy program.
New York Courts Should Reject Texas’s Attempt to Enforce its Abortion Ban Beyond its Borders
Precedent supports the refusal to enforce out-of-state civil judgments that punish an individual in the name of protecting the public.
