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In re L.E.S.
Will consider whether a "would have been married" test created by an intermediate appellate court to determine whether a woman, who had children with a same-sex partner at a time when the state's same-sex marriage ban was in effect, has parental rights over the children, violates separation of powers principles and the state constitution's ban on retrocative laws by effectively rewriting state statutes that do not recognize common-law marriage and define parenthood in the case of artificial insemination.
Andrew Willinger
Andrew Willinger is the executive director of the Duke Center for Firearms Law and a lecturing fellow at Duke Law School. He teaches and writes on the...
The Complexity of Lockstepping Post-Bruen
A Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.
Abortion Rights and Transgender Rights Are Intertwined
As federal courts use the rollback of abortion rights to undermine protections for trans people, Montana’s high court has extended rights in both areas.
Attorney General v. Hood
Held that the state’s civil rights charges against the Nationalist Social Club-131, a white nationalist and neo-Nazi organization operating in the New England area, in connection with a July 2022 incident where members displayed banners reading “KEEP NEW ENGLAND WHITE” from a highway overpass without a permit, impermissibly chilled the defendant’s constitutional right of free speech and premised on an overbroad reading of the statute
Montana Environmental Information Center & Sierra Club v. Montana Department of Environmental Quality
Held that the Department of Environmental Quality appropriately considered noise impacts of a proposed project as required under the Montana Environmental Policy Act, but did not analyze lighting impacts and greenhouse gas emissions as required under the then-applicable language of the Act
Montana Trout Unlimited v. Montana Department of Natural Resources & Conservation
Held that the exemption of dewatering from the Montana Water Use Act's permitting requirements did not violate the water rights section of the state's constitution
Smith v. BlueCross BlueShield of Tennessee
Held that an insurance 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 right to petition in the TN Constitution only constrains the government, not private parties, a private employer does not violate “public policy” by terminating an employee for exercising that right.
Wasserman v. Franklin County
Held that a plaintiff who asserts only the rights of a third-party lacks standing to sue in Georgia courts, overruling precedent that had imported the federal third-party standing doctrine.
