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State Constitutions Have a Role to Play in the Housing Crisis
Voters in multiple states approved constitutional amendments last year to address housing affordability and access.
Can Sanctuary Cities Survive the Second Trump Administration?
Whether local governments must comply with federal immigration policy largely depends on state law.
Midsouth Association of Independent Schools v. Parents for Public Schools
Ruled that non-profit organization Parents for Public Schools lacked standing because they could not demonstrate an adverse impact to a 2022 law that allowed independent schools to apply for federal and state funds for certain infrastructure improvements allocated in response to the Covid pandemic.
Iowa High Court Adds to Confusion Over New Right-to-Bear-Arms Amendment
The court issued a divided decision upholding the state’s gun rights restoration process.
I.S. v. State
Held that a statute requiring prosecutor's written approval as a prerequisite to dismissal and referral to informal supervision if juvenile was charged with offense that, if committed by adult, would constitute felony or gross misdemeanor, did not violate separation of powers
Alliance Housing Incorporated v. County of Hennepin
Held that for the purposes of qualifying for tax exemption, an institution of purely public charity with a purpose of providing housing for low-income individuals uses its real property in furtherance of its charitable purpose when it leases its property to its intended beneficiaries for personal residence
Bienvenu v. Defendant 1
Held that statute, which retroactively revived certain prescribed child sex abuse claims for limited three-year period, conflicted with state constitutional substantive due process protection against disturbing vested rights
State Court Oral Arguments to Watch for in January
Issues on the dockets include large-capacity magazines, conversion therapy, and “regulation without representation.”
State v. Gibbons
Ruled that a statute imposing a mandatory minimum $5,000 fine without regard to a criminal defendant's ability to pay was facially unconstitutional in violation of Montana's proportionality requirement and the Excessive Fines and Fees Clause
Office of the State of Public Defender v. Bonta
Plaintiffs, a group of civil right and legal organizations, challenge the legality of the California death penalty statute, claiming it is racially discriminatory and violates the state constitution.
