Search
Filter Search
Rivas v. Brownell
Held that a statute-of-limitations tolling provision in a supervisory order issued in response to the Covid-19 pandemic did not violate the separation of powers nor the affected drivers' rights to procedural due process
McCarty v. Missouri Secretary of State
Missouri Supreme Court held that plaintiff business groups and voters had failed to show that the ballot summary and fiscal note summary for an approved measure increasing the state's minimum wage and providing paid sick leave were inadequate or unfair. The court also held that its constitutionally and statutorily derived original jurisdiction over post-election contests is limited to matters related to the election process and does not extend to claims about the validity of a ballot measure.
We Need More Public Defenders on the Bench
A series of decisions from the Colorado Supreme Court suggests that justices who used to be prosecutors are more likely to issue law-enforcement friendly decisions.
Can the Right to Bear Arms Be Waived?
A solution to the constitutional uncertainty around many state-issued protection orders may come from an overlooked detail in a recent Second Amendment decision from the U.S. Supreme Court.
Planned Parenthood South Atlantic v. South Carolina (Planned Parenthood 2)
South Carolina Supreme Court held that a "fetal heartbeat" — as defined in a state law banning most abortions at the point such a heartbeat is detected — occurs when electrical impulses are first detectable as a "sound" with diagnostic medical technology and a medical professional observes those electrical impulses as a "steady and repetitive rhythmic contraction of the fetal heart." Although declining to define that point in terms of a number of weeks, the court said it "occurs in most instances at approximately six weeks of pregnancy." The court also held that the law is not unconstitutionally vague.
Perez v. City of San Antonio
Texas Supreme Court held that a 2021 amendment, which bans the state and localities from prohibiting or limiting religious services, is absolute and categorical when it applies, but its applicability does not extend to the government’s preservation and management of publicly owned lands.
IVF Users Face Uncertain Legal Landscape
State courts are grappling with questions like ownership over and rights for embryos.
Sync Title Agency, LLC v. Arizona Corporation Commission
Arizona Court of Appeals held that juryless administrative hearings for civil securities charges do not violate the state constitution's jury trial right. The court relied on the same holding reached by a separate panel of the appeals court in EFG America v. Arizona Corporation Commission. The company plaintiff in EFG has petitioned the Arizona Supreme Court for review of this issue.
North Carolina NAACP v. Moore
North Carolina Supreme Court ruled principles of popular sovereignty and democratic self-rule impose limits on authority of legislators elected from unconstitutionally racially gerrymandered districts to initiate process of amending constitution
Atlantic Games, Inc. v. Georgia Lottery Corporation
Concurral to denial of certiorari by Justice Peteerson questioned whether the court should reconsider existing caselaw on the nondelegation doctrine in a different case because, in their view, it does not comport with original public meaning