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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.
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
William W. Berry III
William W. Berry III is Associate Dean for Research and Montague Professor of Law at the University of Mississippi.
How Courts and Litigators Can Help Redefine “Cruel” and “Unusual” Punishments
A new law review article offers guidance for state appellate judges interpreting their Eighth Amendment cognates for the first time.
Keisha Stokes-Hough
Keisha Stokes-Hough is a deputy director of legal management at the Southern Poverty Law Center.
The Alabama Constitution: Despite a Century of Updates, Traces of its Racist Past Linger
The constitution’s extensive amendments and inclusion of local government rules make Alabama’s constitution the country’s longest
Natural Rights in State Courts
State constitutional provisions broadly protecting “inherent rights” do real work.
