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Iowa High Court Adds to Confusion Over New Right-to-Bear-Arms Amendment
The court issued a divided decision upholding the state’s gun rights restoration process.
Antoun v. Antoun
One spouse of a couple divorcing asked the Texas Supreme Court to decide when, if at all, parental rights attach to embryos and to determine the proper method for allocating IVF embryos during divorce proceedings. The Texas Supreme Court declined to take up the case.
State Court Oral Arguments to Watch for in January
Issues on the dockets include large-capacity magazines, conversion therapy, and “regulation without representation.”
Hilo Bay Marina v. State of Hawaii
The Hawaii Supreme Court will decide whether a 100-year-old deed restriction requiring that property sold to the Mormon Church be used “for church purposes only” violates the Hawaii Constitution’s religious freedom clause, the First Amendment, or state statute.
Parrish v. State of Florida
The Florida Supreme Court will resolve a split among the state’s appellate courts over whether a trial judge’s choice not to impose a sentence that falls below the statutory range for the crime — known as a “downward departure” — is appealable by a defendant.
Priorities USA v. Wisconsin Elections Commission
The Wisconsin Supreme Court reinstated the use of ballot drop boxes, finding it was within election officials statutory authority to decide whether or not to offer them as a way for voters to return absentee ballots.
Legislature of the State of California v. Weber
The California Supreme Court decided, without the benefit of lower court review, to remove from November’s ballot a proposed initiative that would require voter approval of nearly any new statewide or local tax.
Texas Lawmakers’ Unusual Attempt to Halt the Execution of a Possibly Innocent Man
The state high court held that the Texas legislature’s use of its subpoena power to delay an execution violated separation-of-powers principles.
Associated General Contractors of Washington v. State
Held that held that the new statute governing use of collective bargaining agreements (CBAs) to set prevailing wage rates did not unconstitutionally revise or modify earlier statute limiting use of data from wage surveys
Constance Van Kley
Constance Van Kley is an Assistant Professor at the Blewett School of Law at the University of Montana, where she teaches federal and state constitutional law.