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Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
State of Washington v. Gator's Custom Guns
Washington Supreme Court reversed a lower court and upheld the state's ban on selling or manufacturing magazines that hold more than ten rounds of ammunition. The majority held that large-capacity magazines are “not” arms within the scope of the state or federal constitutional right to bear arms, and the ability to purchase them is not "necessary to the realization of the core right to possess a firearm in self-defense."
What Can States Do to Mitigate the Threat of ICE Arrests in Courthouses?
Wisconsin trial Judge Hannah Dugan’s high‑profile arrest renews focus on the impact of ICE enforcement inside state courthouses.
Department of Environmental Protection v. Pennsylvania Legislative Reference Bureau; Bowfin KeyCon Holdings v. Pennsylvania Department of Environmental Protection
The Pennsylvania Supreme Court will consider consolidated challenges to the state's participation in a regional program to cap greenhouse gases. The Commonwealth Court found the program to constitute a tax within the prerogative of the legislature, so concluded the governor's entry into the program by executive rulemaking violated separation of powers. Amicus groups and intervenors have argued the lower court's tax determination did not adequately take account of the state's duties under Pennsylvania's environmental rights amendment.
North Carolina Court Enables a Partisan Shift on State Elections Board
The court approved a law to strip the governor’s election board powers, risking creating a precedent for partisan power-grabbing.
Krasner v. Sunday
The Pennsylvania Supreme Court will consider the Philadelphia district attorney's challenge to a law that requires the state attorney general to appoint a special prosecutor to have jurisdiction over crimes committed within the regional public transit system. The Commonwealth Court rejected the allegations, including that the law unconstitutionally divests the district attorney of jurisdiction over part of the office’s territory, nullifies the district attorney’s core prosecutorial functions, and violates the due process rights of defendants based on a provision preventing those charged by the special prosecutor from challenging his authority.
People v. Eads
Michigan Court of Appeals held that a 50-year minimum sentence for a defendant convicted of second-degree murder as a juvenile is "cruel or unusual" punishment, finding that sentence constitutionally equivalent to the life-with-the-possibility-of-parole sentence the Michigan Supreme Court found "cruel or unusual" in People v. Stovall. The court also held that the defendant's sentence was disproportionate given the sentencing court's failure to consider his youth and its attendant characteristics as mitigating factors.
Griffin Concedes to Riggs, Ending Six-Month Dispute Over North Carolina Supreme Court Election
The concession follows a federal court decision Monday denying Griffin’s efforts to throw out votes cast in the 2024 election and saying the election must be certified.
Defining Legal Parenthood for Same-Sex Families
Now-unconstitutional bans on same-sex marriage can undermine efforts to establish parental rights even today.
