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Resistance to Public Policies Assisting the Poor
Property owners have challenged programs meant to assist vulnerable populations, alleging they are unconstitutional takings of private property for public use.
Foresman v. Foresman
Hawaii Supreme Court upheld law that reopened civil claims based on sexual acts with a minor "that constituted or would have constituted a criminal offense,” finding it established a statute of limitations, not an independent cause of action, and only imposed liability for acts that were crimes when the conduct occurred
Griffin v. State Board of Elections
A candidate for a seat on the North Carolina Supreme Court, who lost by over 700 votes, claims that the state board of elections followed an incorrect process for registering voters and seeks to invalidate more than 60,000 votes.
Adkins v. State
Idaho trial court denied motion to dismiss claim that the state's abortion bans — as applied to pregnant people that have "an emergent medical condition that poses a risk of death or risk to their health (including their fertility)" — violate the state constitution's "inalienable rights" clause, finding that the Idaho Supreme Court's 2023 ruling in Planned Parenthood Great Northwest v. State that the bans were not facially invalid in all applications did not preclude this as-applied challenge.
State v. Hall
Kansas intermediate appellate court held that the state constitutional right to "keep and bear arms" should be applied independently of, and not in lockstep with, the federal Second Amendment. Applying strict scrutiny, the court found a state ban on gun possession by people convicted of certain felonies for a term of years after their release from prison to be narrowly tailored to a compelling interest in ensuring public safety.
Edwards v. Montana
Montana trial court held that a law — which defines “female,” “male,” and “sex” wherever used in the state code as two binary categories — facially violates the state constitutional right to privacy by interfering with individuals' "ability to make personal and intimate decisions concerning their bodies and psyches." The court also found as-applied state equal protection violations based on sex and cultural discrimination.
Kaul v. Urmanski
Wisconsin Supreme Court held that an 1849 law, which a local prosecutor had claimed was a near-total abortion ban, is impliedly repealed as to abortion by subsequent legislation and does not ban the procedure in the state.
League of United Latin American Citizens of Iowa v. Pate
Iowa Supreme Court held organization did not have standing to seek to dissolve an injunction entered in a separate case that barred the secretary of state from providing voter registration forms in languages other than English, by claiming such materials fall within an exception to the state law underlying the injunction. The law generally requires all "official documents" to be in English but exempts "language usage required by or necessary to secure" state constitutional or federal law rights. According to the court, an organization's expenditure of resources in response to a law that does not violate or regulate its rights, status, or legal relations is not a legally cognizable injury.
State v. Rudy Nino Parras
Oregon Supreme Court granted review to consider whether state "felon in possession" law, as applied to defendants with prior drug felonies, violates state or federal right to bear arms, but after oral argument dismissed review as improvidently allowed.
Connor v. Oklahoma
Reversed a district court’s denial of the Oklahoma Employment Security Commission’s motion to dismiss a discrimination claim brought by the former general counsel of the commission. The commission claimed she failed to comply with the notice provisions of the Governmental Tort Claims Act, but the lower court had found conflicts between that act and state anti-discrimination statutes meant the notice requirements did not apply. The Oklahoma high court, reaffirming that the liability limitations in the act apply to both constitutional torts and statutes, said no irreconcilable conflicts exist.
