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In re S.M.
Held that an indigent parent or custodial respondent in an abuse and neglect case has a right to appointed counsel at all stages of the proceedings, but they may elect to continue self-represented upon a knowing and intelligent waiver of the right to counsel
Cross v. State
Affirmed a lower court's preliminary injunction against Montana's ban on gender-affirming care for minors. Applying strict scrutiny, the state high court held that the trial court did not abuse its discretion in concluding that the ban likely violates the state constitution's express right to privacy.
Natural Rights in State Courts
State constitutional provisions broadly protecting “inherent rights” do real work.
In re Courtney Rae Hudson v. Arkansas Administrative Office of the Courts
Relying on the state high court's general superintending control over all state courts, vacated a circuit court preliminary injunction that had prevented the administrative office of the courts and the office of professional conduct from complying with a FOIA request for certain communications with the state supreme court chief justice. The state high court also referred the chief justice and her attorney, who had sought the injunction, to state ethics bodies.
Amedure v. State
Ruled that Election Law § 9-209 (2) (g), which provides that if the members of a bipartisan local board charged with reviewing ballots are split as to a ballot's validity, the ballot shall be cast and canvassed, did not violate the equal representation mandate set forth in article II, section 8 of the New York Constitution and principles of judicial review and separation of powers
Nevada Policy Research Institute v. Miller
Held that respondents' dual service as legislators and employees of state or local government did not violate the doctrine of separation of powers
State ex rel. Martens v. Findlay Municipal Court
Overruled precedent that recognized a “public right” exception to standing requirements, which allowed plaintiffs seeking to enforce important public rights to avoid having to show personal injury. Affirmed dismissal for lack of traditional or taxpayer standing.
In re N.S.
Iowa Supreme Court issued divided opinion upholding state process for restoring gun rights revoked by federal law after an involuntary commitment, holding the process does not violate 2022's Amendment 1A that expressly required judges to apply strict scrutiny to gun regulations
Smith v. BlueCross BlueShield of Tennessee
Tennessee Supreme Court held that company's termination of an at-will employee for petitioning legislators about Covid-19 vaccine requirements did not fall within a “violates clear public policy” exception to at-will employment. Because the state constitutional right to petition only constrains the government, a private employer does not violate public policy by terminating an employee for exercising that right.
McKinney v. Goins
Ruled that the retroactive amendment of the statute of limitations for tort claims by victims of child sexual abuse effected by SAFE Child Act did not disturb or destroy a “vested right” and thus did not violate state constitution's Law of the Land Clause, and the General Assembly may enact retroactive legislation that does not fall into the two explicitly prohibited categories of retroactive laws enumerated in state constitution's Ex Post Facto Clause
