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In States with Abortion Bans, When Does a Medical Emergency Trigger an Exception?
Doctors have delayed life-saving care out of confusion over exceptions to strict abortion bans. State courts are being asked to clarify the laws.
Local Abortion Restrictions Preempted in New Mexico
The New Mexico Supreme Court struck down an attempt by conservative activists to create anti-abortion enclaves in the state, which has expansive abortion protections.
Surface Water Use Permit Applications
Vacated the Water Commission’s decision regarding interim instream flow standards for failure to comply with the state constitution's public trust doctrine and remanded for further proceedings.
Hodes & Nauser v. Kobach; Hodes & Nauser v. Stanek
Affirmed district court's grant of summary judgment in favor of health care providers and said that a near-total ban on a common method of second trimester abortion, called a dilation and evacuation, violated the section 1 of the Kansas Constitution Bill of Rights, which protects a right to personal autonomy. In a second opinion, applying strict scrutiny, found unconstitutional additional licensing requirements for physicians who provide abortions than required for other providers.
Timothy Sandefur
Timothy Sandefur is the Vice President for Legal Affairs at the Goldwater Institute.
Does the Arizona Constitution Allow Juryless Trial by Bureaucrats?
A case in Arizona calls into question the constitutionality of an administrative hearing in which the owners of a business were found guilty of fraud.
In re State
Granted motion for temporary injunction, prohibiting the County’s plan to use federal funds for $500 monthly cash payments to residents because it could violate the state constitution's prohibition on gratuitous payments
Commonwealth v. Lee
The Pennsylvania Supreme Court will decide whether mandating a life sentence, without the possibility of parole, for “felony murder” — a legal doctrine that allows someone to be prosecuted for murder for any death that occurs during the commission of a separate felony, even if the defendant never meant to kill anyone — violates the Pennsylvania Constitution’s ban on “cruel” punishments or the federal Eighth Amendment.
State v. Autele
Held that trial courts have discretion to determine whether the state constitutional right to be represented by retained counsel of choice is outweighed by other considerations, including ethical requirements or the potential for undue delay and disruption of trial
Bienvenu v. Defendant 1
Vacated prior ruling and held that a statute, which retroactively revived certain prescribed child sex abuse claims for limited three-year period, did not conflict with state constitutional substantive due process protection against disturbing vested rights
