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Stary v. Ethridge
Texas Supreme Court held that due process requires a heightened evidentiary standard to support a protective order prohibitng contact between a parent and child for longer than two years, likening such an order to a government's termination of parental rights. Instead of the ordinary civil preponderance of the evidence standard, a court must find the statutory requirements for such an order by clear and convincing evidence and must consider the best interests of the child.
Three Years After Dobbs, State Courts Are Defining the Future of Abortion
Litigation across the states is testing how far constitutional amendments can go in protecting or restricting abortion access.
The Strange Legal Standard Eroding Civil Rights In North Carolina
In a string of recent cases, the North Carolina Supreme Court has demanded claimants prove that statutes are “unconstitutional beyond a reasonable doubt.”
Birthmark Doula Collective v. State of Louisiana
Reproductive healthcare providers and advocates challenge a state law that reclassifies mifepristone and misoprostol as controlled dangerous substances, arguing that the law unconstitutionally regulates and delays access to medications that people need for non-abortion reasons, often for emergencies such as postpartum hemorrhage, simply because those medications may also be used for an abortion. They allege the law violates the state constitution's equal protection clause and single-subject and germane-amendment rules.
Virginia’s Constitution: An Influential and Resurgent Declaration of Rights
The state’s supreme court has recently interpreted the constitution to provide stronger protections for rights than are guaranteed by the U.S. Constitution.
State Court Oral Arguments to Watch for in June
Issues on the dockets include partisan gerrymandering, fines and fees imposed on indigent defendants, and bans on flavored tobacco and online vision tests.
State Department of Education & Early Development v. Alexander
Held that statutes permitting local school districts to operate correspondence study programs as alternative to traditional schooling and authorizing allotments of public funds to purchase nonsectarian educational services and materials did not facially violate state constitutional prohibition on using public funds for the direct benefit of religious or private educational institutions
State ex rel. Hilgers v. Evnen
Nebraska Supreme Court held that provisions of a criminal justice reform law expanding parole eligibility, including retroactively to already-sentenced offenders, do not have the effect of substituting milder punishments for the ones already imposed, so do not infringe on the Board of Pardons’ exclusive commutation power under the state constitution.
State v. Cohee
Held that the state was entitled to a writ of prohibition to effectively compel a lower court judge to impose a recidivist life sentence, finding that the state’s pursuit of such a sentence did not violate equal protection and the imposition of such sentence for fleeing from a law enforcement officer with reckless indifference would not violate proportionality clause of state constitution
Fremin v. Boyd Racing, LLC
Ruled that statutory amendments that incorporated historical horse racing as a form of authorized pari-mutuel wagering on horse racing without requiring prior local voter approval were unconstitutional under Article XII, section 6(C) of the Louisiana Constitution
