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Planned Parenthood of Montana v. State (Planned Parenthood 4)
Upheld preliminary injunction against 2023 laws that prohibit dilation and evacuation abortions—the only outpatient procedure available in the second trimester in Montana—and require an ultrasound pre-abortion, effectively preventing telehealth mediation abortions. A majority of the court found that these laws likely violate the right to a pre-viability abortion the Montana Supreme Court has recognized as protected by the state constitution's right to privacy.
Layla H v. Virginia
Plaintiffs claim that state’s practice of approving permits for fossil-fuel infrastructure violates substantive due process and public trust rights to natural resources, protected by the state constitution. They claim such practice infringes these rights by contributing to greenhouse-gas pollution and climate change. A trial court dismissed plaintiffs’ complaint, and the intermediate appellate court affirmed on the basis that the plaintiffs lack standing. Finding that there was no reversible error, the Virginia Supreme Court declined to grant review of the appellate court decision.
Wyoming Supreme Court Set to Decide Whether Abortion Is Health Care
A lower court ruled Wyoming’s abortion ban violated a state constitutional amendment guaranteeing the right to make one’s own health care decisions.
Mary E. Adkins
Mary E. Adkins is a professor emerita at the University of Florida Levin College of Law. She has written extensively on the Florida Constitution and is the author of Making Modern Florida: How...
The Florida Constitution: For the People?
Citizen support for constitutional amendments has been undermined by the legislature’s interpretation of those initiatives.
Republican National Committee v. Aguilar
Nevada Supreme Court affirmed denial of a preliminary injunction sought by the Republican National Committee to stop the practice of counting mail-in ballots that lack a postmark date but arrive by the statutory deadline. State law provides that ballots for which the “date of the postmark cannot be determined” must arrive by 5:00 p.m. on the third day after the election. The court found the statutory language ambiguous but said both legislative history and public policy support counting the un-postmarked ballots.
Zyst v. Miller
Oregon trial court held that the state prison's failure to provide medically necessary gender-affirming care and treatment to a transgender inmate, and to provide adequate conditions when the inmate was in a period of segregation, violated cruel and unusual punishment and "unnecessary rigor" clauses.
SisterSong v. Georgia
Plaintiffs claim that abortion ban violates the state constitution’s right to liberty and privacy and guarantee of equal protection
ICE’s New Courthouse Arrest Policy Set Them on a Collision Course with State Courts
The arrest of a Wisconsin judge comes after ICE walked back policies designed to ensure communities wouldn’t be afraid to access courts
Ohio v. Isaiah Morris
Court will review court of appeals's decision finding that the state constitutional right to counsel is more protective than the 6th Amendment and requires a defendant, who has been formally charged and secured an attorney, to consult with counsel before any waiver of his right to have an attorney present during a police interrogation can be valid.
