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Scholarship Roundup: New Year Edition
The last few months brought a rich array of articles and books about state constitutions, courts, and governance.
In States with Abortion Bans, When Does a Medical Emergency Trigger an Exception?
Doctors have delayed life-saving care out of confusion over exceptions to strict abortion bans. State courts are being asked to clarify the laws.
Local Abortion Restrictions Preempted in New Mexico
The New Mexico Supreme Court struck down an attempt by conservative activists to create anti-abortion enclaves in the state, which has expansive abortion protections.
State ex rel. Dudley v. Yost
Plaintiffs filed a petition for writ of mandamus claiming the state attorney general overstepped his authority when he failed to certify a ballot initiative related to automatic voter registration and other voting-related processes.
Bouvier v. Porter
Held that attorneys who assisted voters in filing allegations of voter fraud in a state election in 2016 were shielded from defamation claims
City of Lancaster v. Pennsylvania Public Utility Commission
Ruled that the Public Utility Commission's regulation addressing gas meters in historic districts did not unconstitutionally delegate unfettered authority to natural gas distribution companies to determine location of gas meters in historic districts
Jackson County Emergency Medical Service District v. Kirkland
Ruled that the county emergency medical services district, vis-a-vis the board of trustees, was subject to immunity to the same extent as municipalities and counties within the state
Timothy Sandefur
Timothy Sandefur is the Vice President for Legal Affairs at the Goldwater Institute.
Does the Arizona Constitution Allow Juryless Trial by Bureaucrats?
A case in Arizona calls into question the constitutionality of an administrative hearing in which the owners of a business were found guilty of fraud.
Spokane County v. Meneses
Held that the Secretary of Department of Social and Health Services is not a “state officer” to whom the Supreme Court may issue a writ of mandamus through the exercise of original jurisdiction
