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Assessing the State Reaction to the Supreme Court’s Undermining of Property Rights
Twenty years after Kelo v. City of New London, there has been much progress, but abusive takings continue in many states.
State ex rel. Brooks v. Evnen
The Nebraska Supreme Court unanimously ruled that a proposed abortion-rights amendment could go before voters, rejecting claims that it violated the subject-subject rule and was so vague that it would mislead voters
How Not to Criticize a Judge
The Montana Supreme Court recently splintered over internal accusations of partisan bias.
Layla H v. Virginia
Plaintiffs claim that state’s practice of approving permits for fossil-fuel infrastructure violates substantive due process and public trust rights to natural resources, protected by the state constitution. They claim such practice infringes these rights by contributing to greenhouse-gas pollution and climate change. A trial court dismissed plaintiffs’ complaint, and the intermediate appellate court affirmed on the basis that the plaintiffs lack standing. Finding that there was no reversible error, the Virginia Supreme Court declined to grant review of the appellate court decision.
Coleman v. Ashcroft
The Missouri Supreme Court rejected claims that Amendment 3, a ballot measure that would protect abortion access until viability, violated the single-subject rule and state election law by failing to list all the existing laws that its passage would repeal. The ruling ensured that Amendment 3 would remain on the ballot.
Ohio v. Isaiah Morris
Court will review court of appeals's decision finding that the state constitutional right to counsel is more protective than the 6th Amendment and requires a defendant, who has been formally charged and secured an attorney, to consult with counsel before any waiver of his right to have an attorney present during a police interrogation can be valid.
Eidson v. South Carolina Department of Education
Held that state program providing taxpayer-funded education accounts to low-income families cannot be allocated by parents to private school tuition because doing so violates a state constitutional ban on use of public funds for the “direct benefit” of private educational institutions.
Commonwealth v. Thompson
Dissent would have held that inventory searches are unconstitutional under art. 1 sec. 8 of the Pennsylvania constitution, and therefore reversed the defendant's judgment on appeal
Acorn International v. State
Held that the Secretary of State's response to ACORN International's public records request asking for documentation of the actual costs for a yearly subscription to state voter database did not violate organization's constitutional right to know
Oberholzer v. Galapo
Held that neighbors' anti-racist signs did not intolerably intrude on homeowners' substantial privacy interests, and thus constitutional free-speech protections did not permit trial court to enjoin continued display of the signs
