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Wisconsin Supreme Court Strikes Down Legislative Vetoes
The case marks a major shift in how Wisconsin’s government functions.
American Indians and Indigenous Peoples in State Constitutions
In the shadow of federal law, some state constitutions address American Indian land, taxation, gaming permissions, voting rights, cultural protection, and governance.
Recent State Judicial Opinions Critique Lockstepping
Justices in Connecticut, Texas, and Pennsylvania have called on their courts to embrace independent state constitutional interpretations.
Mitchell v. University of North Carolina Board of Governors
North Carolina Supreme Court held that state courts interpreting state administrative regulations must employ de novo review and overruled any intermediate decision requiring deference to an agency's interpretation of its rules.
Cross v. State
Affirmed a lower court's preliminary injunction against Montana's ban on gender-affirming care for minors. Applying strict scrutiny, the state high court held that the trial court did not abuse its discretion in concluding that the ban likely violates the state constitution's express right to privacy.
Murray v. Dalton (In re Doe)
Held that Idaho’s statutes governing powers and duties of guardianship and governing resignation, removal, modification, or termination proceedings for guardians of minors, were rationally related to legitimate government interest in the minor’s safety and best interests and, thus, were not unconstitutionally broad or vague in violation of due process
In re S.M.
Held that an indigent parent or custodial respondent in an abuse and neglect case has a right to appointed counsel at all stages of the proceedings, but they may elect to continue self-represented upon a knowing and intelligent waiver of the right to counsel
Amedure v. State
Ruled that Election Law § 9-209 (2) (g), which provides that if the members of a bipartisan local board charged with reviewing ballots are split as to a ballot's validity, the ballot shall be cast and canvassed, did not violate the equal representation mandate set forth in article II, section 8 of the New York Constitution and principles of judicial review and separation of powers
Nevada Policy Research Institute v. Miller
Held that respondents' dual service as legislators and employees of state or local government did not violate the doctrine of separation of powers
In re Courtney Rae Hudson v. Arkansas Administrative Office of the Courts
Relying on the state high court's general superintending control over all state courts, vacated a circuit court preliminary injunction that had prevented the administrative office of the courts and the office of professional conduct from complying with a FOIA request for certain communications with the state supreme court chief justice. The state high court also referred the chief justice and her attorney, who had sought the injunction, to state ethics bodies.