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State Court Oral Arguments to Watch for in October
Issues on the dockets include New York’s Voting Rights Act, investigations of gender-affirming care for minors, and Meta’s challenge to a disclosure law for political ads.
State v. Green
Tennessee Supreme Court held that, following the state's legalization of hemp, a positive alert from a drug-detecting dog incapable of distinguishing between the smell of legal hemp and illegal marijuana could still contribute to a probable cause finding to support a vehicle search.
Lindsay Wiley
Lindsay Wiley is a law professor at the University of California, Los Angeles and faculty director of its health law and policy program.
New York Courts Should Reject Texas’s Attempt to Enforce its Abortion Ban Beyond its Borders
Precedent supports the refusal to enforce out-of-state civil judgments that punish an individual in the name of protecting the public.
Atencio v. State of New Mexico
Plaintiffs have sought review from the New Mexico Supreme Court of an appellate court decision that dismissed their claim under a state constitutional clause requiring the legislature to control pollution based on the court's interpretation that that clause does not create an individual right the judiciary can enforce or protect.
Raftery v. State Board of Retirement
Massachusetts Supreme Judicial Court held that forfeiture of pension benefits required by state law when a state employee is convicted of violating laws applicable to his office did not violate the excessive fines or “cruel or unusual” punishment clause.
League of Women Voters of South Carolina v. Alexander
South Carolina Supreme Court held that partisan gerrymandering claims are nonjusticiable political questions, which state courts cannot review, under the state constitution.
Ex Parte David Leonard Wood
Texas Court of Criminal Appeals remanded subsequent habeas petition for development of actual innocence claim. Concurrence would hold that state constitution's distinctive protections against erroneous deprivations of life support an independent standard for actual innocence habeas claims involving capital sentences.
Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.
The Next Round of Partisan Gerrymandering Fights
An unprecedented cycle of mid-decade redistricting highlights a state-by-state legal patchwork, with significant national implications.
