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McKay v. State
Reversed trial court ruling that a 2023 law that gives the attorney general control over the state’s defense of the imposition of the death penalty on collateral review violates the state constitutional provision governing the duties of district attorneys
Ellutzi v. Regents of the University of California
Two students and a professor allege university violated their state and federal constitutional rights to due process, speech, and assembly by summarily banning them from campus after they failed to disperse when the university deployed law enforcement to dismantle a "Gaza Solidarity Encampment." The trial court denied plaintiffs' motion for preliminary injunction, citing "disputed evidence."
League of Women Voters of Missouri v. State
Missouri Supreme Court will review trial court decision enjoining restrictions on voter registration and absentee ballot solicitation activities, which found the restrictions unconstitutionally vague and to violate free speech and association rights.
State v. Pulizzi
Ruled that the criminal defendant did not have an objectively reasonable expectation of privacy in his curbside garbage based on the city's waste collection ordinance requiring special permission from the city for an exemption from waste collection service
Missouri State Conference of the NAACP v. State
Missouri Supreme Court will review trial court decision upholding voter identification requirements as constitent with a state constitutional amendment that a voter "may be required by general law to identify himself or herself" and not violative of the state constitutional right to vote or equal protection.
Richard Michael Fay v. David Pedro
Oregon trial court found the corrections department had unconstitutionally inflicted cruel and unusual punishment and unnecessary rigor by failing to provide adequate medical treatment and diagnosis to an inmate for serious injuries sustained in prison, and ordered specific medical care to be provided.
Huskey v. Oregon Department of Corrections
Oregon Supreme Court considered whether a state constitutional clause providing that inmates should work or engage in on-the-job training while in custody but have no “legally enforceable right” to a job, training, or compensation, precludes an inmate who does not get such assignments from suing for lost wages. The court held the clause is not a barrier to pleading a claim for economic damages based on lost future income.
Ronald Chen
Ronald Chen is University Professor and Distinguished Professor of Law at Rutgers Law School.
The New Jersey Constitution: A Tool of Good Governance, Not Partisan Politics
A 1947 constitution offered a needed update for a state saddled with a weak executive and a court system “out of Dickens.”
Bryna Godar
Bryna Godar is a staff attorney for the State Democracy Research Initiative at University of Wisconsin Law School.
