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Foresman v. Foresman
Hawaii Supreme Court upheld law that reopened civil claims based on sexual acts with a minor "that constituted or would have constituted a criminal offense,” finding it established a statute of limitations, not an independent cause of action, and only imposed liability for acts that were crimes when the conduct occurred
Case Trends: State Courts Are Battlegrounds for Transgender and Reproductive Rights
State courts are leaning on their unique state constitutional provisions, departing from federal precedent, and deciding who can challenge restrictive laws.
Elliott v. City of College Station
Texas Supreme Court declined, based on constitutional avoidance and separation of powers principles, to resolve claim by residents of an extraterritorial jurisdiction that a clause preserving a “republican form of government” protects them from being subject to city regulations when they cannot vote in city elections. While the appeal was pending, the legislature changed the law to provide a process for opting out of the jurisdiction, of which the plaintiffs did not avail themselves.
People v. Hagestedt
Concurrence would have declined to lockstep with the United States constitution and engaged in an independent analysis of the Illinois constitutional provision
Donaldson v. City of El Reno
Held that the retroactive appliation of amendment to the Sex Offenders Registration Act, which placed certain residency requirements on sex offenders, was not punitive and therefore did not violate the ex post facto clause of the Oklahoma Constitution
Kaul v. Urmanski
Wisconsin Supreme Court held that an 1849 law, which a local prosecutor had claimed was a near-total abortion ban, is impliedly repealed as to abortion by subsequent legislation and does not ban the procedure in the state.
A Win for Georgia's Gullah Geechee
The Georgia Supreme Court ruled that an island community descended from enslaved people could move forward with a referendum to overturn zoning changes that they argue will price them out of their homes.
Heos v. City of East Lansing
Held that new franchise fee charged to in-city consumers by utility provider and remitted to the city was an unlawful tax that violated the Headlee Amendment of the Michigan Constitution, which requires voter approval for new taxes
Griffin v. State Board of Elections
A candidate for a seat on the North Carolina Supreme Court, who lost by over 700 votes, claims that the state board of elections followed an incorrect process for registering voters and seeks to invalidate more than 60,000 votes.
Adkins v. State
Idaho trial court denied motion to dismiss claim that the state's abortion bans — as applied to pregnant people that have "an emergent medical condition that poses a risk of death or risk to their health (including their fertility)" — violate the state constitution's "inalienable rights" clause, finding that the Idaho Supreme Court's 2023 ruling in Planned Parenthood Great Northwest v. State that the bans were not facially invalid in all applications did not preclude this as-applied challenge.
