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Idaho State Athletic Commission v. Office of the Administrative Rules Coordinator
Upheld law requiring legislative pre-approval of certain agency rules
State Courts Determine Whether Abortion Rights Amendments Will Go Before Voters
Cases in multiple states demonstrate the significant roles state judges play in the direct democracy process.
What Does Popular Sovereignty Really Mean?
Two new essays unpack recent state supreme court cases about the relationship between direct democracy and the power of state legislatures.
Jessie Hill
Jessie Hill is the Judge Ben C. Green Professor of Law and director of the Reproductive Rights Law Initiative at Case Western Reserve University.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
State Constitutions and the Limits of Criminal Punishments
This symposium will engage with the growing legal and intellectual movement to challenge excessive criminal punishments via state constitutional prohibitions on cruel and unusual punishments and related clauses.
Multiple High Courts Uphold Voters’ Right to Use Ballot Measures to Change Law
Decisions in California, Michigan, and Utah could serve as models for courts in other states facing power struggles between legislatures and proponents of voter-approved ballot initiatives.
Direct Democracy Under Attack
Courts in Utah and Michigan recently blocked legislative assaults on the ballot initiative process.
Allegheny Reproductive Health v. Pennsylvania Department of Human Services
Reinstated lawsuit challenging constitutionality of ban on Medicaid-funded abortion and announced that the ban must survive heightened scrutiny