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New York’s Abortion Shield Law Survives First Challenge by Texas
A New York trial court ruled against Texas in an ongoing fight over whether New York must recognize Texas’s legal judgments against New York abortion providers.
Republican National Committee v. Eternal Vigilance Action, Inc; Georgia v. Eternal Vigilance Action
Georgia Supreme Court ruled invalid under state nondelegation principles four of seven rules passed by the Georgia State Election board, while upholding one rule. The court did not decide the validity of two other rules, holding that the plaintiffs lacked standing to challenge the provisions.
Amdor v. Grisham
Denied portion of original petition alleging that governor's executive orders declaring or addressing gun violence and drug abuse as public health emergencies pursuant to the state's Public Health Emergency Response Act violate either the scope of that law or separation of powers. But granted petition to extent it challenged part of the orders suspending a juvenile detention program for exceeding the limits of the state's police power.
States Pass Constitutional Amendments on Redistricting, Parental Rights, Water Preservation, and More
Californians approved a much-watched amendment that allows the use of a new congressional map.
People v. Hagestedt
Concurrence would have declined to lockstep with the United States constitution and engaged in an independent analysis of the Illinois constitutional provision
Commonwealth v. Govan
Massachusetts Supreme Judicial Court held that imposition of GPS monitoring as a condition of pretrial release for a defendant whose conduct directly implicated state interests in protecting alleged crime and domestic violence victims and potential witnesses was constitutional under Massachusetts's search and seizure clause. The court also held that an officer’s subsequent retrieval and review of an hour of defendant’s GPS location data in connection with investigating a new crime was not a search for state constitutional purposes because the defendant did not have a reasonable expectation of privacy in the accessed information.
Case Trends: State Courts Shape the Right to Vote
State high courts continue to settle disputes over voting and election processes, including obstacles to by-mail voting — and to define the right to vote under their own constitutions.
Elliott v. City of College Station
Texas Supreme Court declined, based on constitutional avoidance and separation of powers principles, to resolve claim by residents of an extraterritorial jurisdiction that a clause preserving a “republican form of government” protects them from being subject to city regulations when they cannot vote in city elections. While the appeal was pending, the legislature changed the law to provide a process for opting out of the jurisdiction, of which the plaintiffs did not avail themselves.
Donaldson v. City of El Reno
Held that the retroactive appliation of amendment to the Sex Offenders Registration Act, which placed certain residency requirements on sex offenders, was not punitive and therefore did not violate the ex post facto clause of the Oklahoma Constitution
Heos v. City of East Lansing
Held that new franchise fee charged to in-city consumers by utility provider and remitted to the city was an unlawful tax that violated the Headlee Amendment of the Michigan Constitution, which requires voter approval for new taxes
