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State ex rel. Spung v. Evnen
Ordered election officials to implement immediately a 2024 law that reinstated voting rights to those convicted of a felony upon completion of their sentence, meaning affected people can now register to vote for November’s election. The secretary of state, based on an advisory opinion from the state attorney general calling the law unconstitutional, had directed election officials to stop registering people with a felony conviction who had not received a pardon.
Republican National Committee v. Aguilar
Nevada Supreme Court affirmed denial of a preliminary injunction sought by the Republican National Committee to stop the practice of counting mail-in ballots that lack a postmark date but arrive by the statutory deadline. State law provides that ballots for which the “date of the postmark cannot be determined” must arrive by 5:00 p.m. on the third day after the election. The court found the statutory language ambiguous but said both legislative history and public policy support counting the un-postmarked ballots.
Wisconsin Supreme Court Rules 176-Year-Old Law Does Not Ban Abortion
State Republicans wanted to use the law to criminalize abortion after the U.S. Supreme Court held the federal Constitution does not protect the procedure.
What this Year’s SCOTUS Term Means for State Courts
Several rulings will impact the power of state courts and the cases that come before them.
League of Women Voters of Utah v. Utah State Legislature (LWV 2)
Utah Supreme Court voided Amendment D, a legislatively referred proposed state constitutional amendment that would have allowed lawmakers to repeal citizen-initiated and approved ballot measures. The amendment would have overturned a prior Utah high court ruling. The high court found the legislature failed to follow the proper procedure for placing an amendment on the ballot.
Planned Parenthood of Montana v. State (Planned Parenthood 3)
Upheld preliminary injunction against 2023 laws and an agency rule that limit Medicaid coverage for abortion, finding that they likely violate the right to a pre-viability abortion the Montana Supreme Court has recognized as protected by the state constitution's right to privacy, as well as the state's equal protection clause.
Planned Parenthood of Montana v. State (Planned Parenthood 4)
Upheld preliminary injunction against 2023 laws that prohibit dilation and evacuation abortions—the only outpatient procedure available in the second trimester in Montana—and require an ultrasound pre-abortion, effectively preventing telehealth mediation abortions. A majority of the court found that these laws likely violate the right to a pre-viability abortion the Montana Supreme Court has recognized as protected by the state constitution's right to privacy.
Natalie R. v. State of Utah
Plaintiffs claim that state's policy of promoting fossil-fuel development violates their substantive due process rights to life and to be free from government conduct that endangers health and safety
Rafael Cox Alomar
Rafael Cox Alomar is a professor of law at the David A. Clarke School of Law of the University of the District of Columbia in Washington D.C. and author of...
The Puerto Rico Constitution: A Unique Territorial Framework
Though the island’s territorial constitution offers unique provisions and a focus on human rights, Congress still exerts plenary powers over Puerto Rico.
