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2025 Ballot Measures to Watch
Voters will decide whether to amend their state constitutions or statutes regarding redistricting, voting, firearm access, parental rights, taxes, and more.
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.
Katherine Steefel
Katherine Steefel is an Assistant Professor of the Practice of Law at the University of Denver’s Sturm College of Law.
The Extra Hurdle in State Courts to Prove a Statute Violates the U.S. Constitution
Many states require a litigant challenging a statute as violating the U.S. Constitution to prove the statute is unconstitutional “beyond a reasonable doubt.”
Harrison Stark
Harrison Stark is Senior Counsel, Director of Special Projects at the State Democracy Research Initiative at the University of Wisconsin Law School.
Resuscitating State Damages Remedies Against Federal Officials
There are forceful legal arguments that individuals can use state civil rights statutes to sue federal employees who violate the U.S. Constitution.
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
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.
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.
