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State ex rel. Parson v. Walker
Held that statute governing Governor's power to grant reprieves, commutations and pardons placed no limit on Governor's exclusive constitutional discretion over clemency matters
Bingham v. Gourley
Utah Supreme Court held that four-year statute of repose on medical malpractice claims does not violate the state constitution's open courts or "uniform operation of laws" clause or federal equal protection.
Commonwealth v. Torsilieri
Held that Sex Offender Registration and Notification Act's presumption that adult sex offenders posed higher risk of recidivism did not violate due process
Navahine F. v. Hawai‘i Department of Transportation
State reached settlement with plaintiffs who sued over the climate impact of the state transportation system. Under settlement, Hawaii must plan and implement carbon reduction plans; fund and complete green transportation projects; establish oversight unit in the transportation department; and involve youth in the process. The trial court has approved the settlement and has jurisdiction over any disputes that arise.
Scholarship Roundup: New Year Edition
The last few months brought a rich array of articles and books about state constitutions, courts, and governance.
Preterm-Cleveland v. Yost
Filed, by abortion providers, a lawsuit claiming the state’s abortion restrictions, including a 24-hour waiting period to receive abortion care, violate the state constitution’s right to reproductive freedom.
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.
In Re the State of Texas
The State of Texas requested that a Harris County guaranteed income program in that would use federal funds to disburse $500 cash payments (monthly, for 18 months) to 2,000 low-income county residents be paused as a lawsuit over the program proceeds in the trial court. The Texas Supreme Court issued a temporary injunction.
Timothy Sandefur
Timothy Sandefur is the Vice President for Legal Affairs at the Goldwater Institute.