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Hollis v. City of LaGrange
Held that the constitutional provision prohibiting the General Assembly from regulating or fixing municipal public utilities charges did not prevent judicial review of city residents' putative class action complaint against city, alleging that it imposed excessive mandatory charges for utilities services that constituted unauthorized tax under the Georgia Constitution
Crenshaw ex rel. Crenshaw v. Sonic Drive In of Greenville, Inc.
Held that the Workers' Compensation Act's exclusive-remedy provisions did not violate the Alabama Constitution's clause that every injured person has the right to a remedy
State v. Mumford
Dissent would have held that a K-9 unit's brief entry into the cabin of a vehicle duting a lawful traffic stop constituted an unconstitutional search under both the federal and state search-and-seizure provisions
O’Neil v. Gianforte
Held that the state constitution’s protection of the public’s “right to know” allows for a limited gubernatorial privilege exception if the governor meets the “high bar of demonstrating that the information is essential to carrying out a constitutional duty and that its disclosure would chill future candor.” Also held that the process for determining whether a particular document otherwise subject to the "right to know" may be shielded by gubernatorial privilege should be the same as for other "candor privileges" (e.g., attorney-client, doctor-patient), including in camera review by the trial court to determine the proper scope. Remanded to the district court to conduct such review with respect to the requested agency documents.
Jackson v. State
Dissent would have granted defendant's petition to transfer jurisdiction and found that the State had not sufficiently shown the reasonableness of the officer's search of the defendant's locked trunk based only on the smell of burnt marijuana coming from the passenger compartment, as required under the Indiana Constitution's search-and-seizure standard
Krasner v. Sunday
The Pennsylvania Supreme Court will consider the Philadelphia district attorney's challenge to a law that requires the state attorney general to appoint a special prosecutor to have jurisdiction over crimes committed within the regional public transit system. The Commonwealth Court rejected the allegations, including that the law unconstitutionally divests the district attorney of jurisdiction over part of the office’s territory, nullifies the district attorney’s core prosecutorial functions, and violates the due process rights of defendants based on a provision preventing those charged by the special prosecutor from challenging his authority.
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.
City of Fargo v. State
Held that a 2023 statute barring localities from enacting ordinances related to the purchase, sale, or possession of firearms and ammunitions that are more restrictive than state law preempted the city of Fargo’s limits on such sales and did not violate state constitutional “home rule” clauses as applied to Fargo’s restrictions.
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.
