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Valoaga v. State
Held that Department of Corrections' application of preponderance of the evidence standard, rather than clear and convincing evidence standard, in disciplinary proceedings did not violate pretrial inmate's right to due process
Evers v. Marklein
Wisconsin Supreme Court held that statutes permitting a legislative committee to pause, object to, or suspend administrative rules for varying periods of time both before and after promulgation — used by the committee in this case effectively to block for three years a rule banning “conversion therapy” for LGBTQ+ patients — facially violate the state constitution’s bicameralism and presentment requirements.
State v. Dodge
Held that the defendant adequately preserved, for purposes of appellate review, his argument that his second trial violated his rights against double jeopardy
People v. Poole
Michigan Supreme Court held that its 2022 decision in People v. Parks — that mandatorily sentencing to life-without-parole defendants who were 18 at the time of their charged crimes violates the state's "cruel or unusual" punishment clause — applies retroactively. Thus, defendants in cases where the period for direct review had expired when Parks was decided are entitled to resentencing.
Attorney General v. Hood
Held that the state’s civil rights charges against the Nationalist Social Club-131, a white nationalist and neo-Nazi organization operating in the New England area, in connection with a July 2022 incident where members displayed banners reading “KEEP NEW ENGLAND WHITE” from a highway overpass without a permit, impermissibly chilled the defendant’s constitutional right of free speech and premised on an overbroad reading of the statute
Jess Brouard
Jess Brouard is a special assistant in the Brennan Center for Justice’s Elections & Government Program.
States, Not the President, Run Elections in America
The administration’s attempts to undermine or interfere with elections run afoul of constitutional delegations of responsibility.
People v. Langston
Michigan Supreme Court will consider constitutionality of mandatory application of life-without-parole sentences to adults convicted of “felony murder" at a time when Michigan juries were not required to find malice to convict
Contoocook Valley School District v. New Hampshire
New Hampshire Supreme Court affirmed the state's existing education funding law is constitutionally inadequate and $7,356.01 per pupil as a minimum constitutional guidepost for the legislature, but said the lower court insufficiently accounted for separation of powers concerns when it ordered the state to pay that increased amount immediately.
Missouri Appeals Court Upholds Order Blocking Abortion Restrictions
The ruling is the latest in a long-running saga over abortion access following voters’ 2024 approval of a state constitutional reproductive-rights amendment.
