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Menzies v. Department of Corrections
Utah Supreme Court will consider challenge to the state's lethal injection and firing squad protocols as violating prohibitions against cruel and unusual punishment and treating incarcerated people with unnecessary rigor
State Court Oral Arguments to Watch for in February
Issues on the dockets include affirmative action, partisan gerrymandering, unaffordable bail, and juryless agency trials.
Department of Development Services for the City of North Canton v. CF Homes
Ohio Supreme Court will consider whether the state's prohibition against unreasonable searches requires officials seeking to inspect homes for regulatory reasons, not for criminal violations, to make a greater showing than what federal law requires
Jennings v. Smith
Alabama Supreme Court will consider whether a law that allows police making a stop to demand the person’s name and address may be construed, consistent with the federal and state constitutions, to permit officers who deem the oral response unsatisfactory to demand a form of physical identification from the individual
Opternative, Inc. v. South Carolina Board of Medical Examiners
South Carolina Supreme Court ruled a law prohibiting glasses and contact prescriptions based solely on online vision tests, without an in-person eye exam, did not violate telehealth business’s due process or equal protection rights
E.N. v. Kehoe
Missouri Supreme Court upheld state laws banning gender-affirming care for minors and Medicaid coverage for such care at any age, under state's equal protection, due process, and "gains of industry" clauses
When Can States Prosecute Federal Agents?
Federal precedent permits such prosecutions in limited circumstances, but the legal bar remains high.
Case Trends: State Courts Grapple with Gun Rights
Multiple courts last year upheld state laws that restricted the right to bear arms. Courts also struggled to interpret related U.S. Supreme Court decisions.
New Year Scholarship Roundup: Federal-State Conflict, State Courts, and Election Administration
Several new articles explore state power in times of federal-state and interstate conflict.
The Path Not Taken in Federal Takings Law
Debates from 19th century state conventions explain why some constitutions allow takings for “private use.”
