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Planned Parenthood of the Heartland, Inc, et al. v. Kim Reynolds, et al.
The Iowa Supreme Court held that abortion is not a fundamental right under the state constitution and is only subject to rational basis review. The court reversed a lower court injunction halting the state's "fetal heartbeat" law.
State Court Oral Arguments to Watch for in January
Issues on the dockets include large-capacity magazines, conversion therapy, and “regulation without representation.”
Rainwaters v. Tennessee Wildlife Resources Agency
Rejected federal "open fields" exception to the federal Fourth Amendment in interpreting Article I, Section 7, of the Tennessee Constitution
State v. Carter
Concurrence would revisit prior jurisprudence holding that the Ohio constitution's confrontation clause must be interpreted in lockstep with that of the federal constitution
Cobb County v. Floam
Held that the claims of two citizens who sought a declaratory judgment that their local board of commissioners acted unconstitutionally when it changed the commission district boundaries lines must be dismissed because the plaintiffs did not show any uncertainty as to their future conduct that warranted declaratory relief.
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.
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.
A Constitution Unique to Montana and Uniquely Montanan
The state’s 1972 charter is populist, pro-conservation, and libertarian.
Advisory Opinion to the Attorney General re: Adult Personal Use of Marijuana
Held that the proposed ballot initiative to legalize the recreational use of marijuana under Florida law met the constitution's single-subject requirement
Drummond v. Statewide Virtual Charter Schoolboard
Oklahoma Supreme Court held that the state education board’s approval of a Catholic school's application to be a public charter school violated the Oklahoma Constitution, the federal Establishment Clause, and the Oklahoma Charter Schools Act