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The Massachusetts Constitution: the Oldest in the United States, and Often Ahead of its Time
A Massachusetts state court was the first to uphold the right to same-sex marriage on constitutional grounds.
Hodes & Nauser v. Kobach; Hodes & Nauser v. Stanek
Affirmed district court's grant of summary judgment in favor of health care providers and said that a near-total ban on a common method of second trimester abortion, called a dilation and evacuation, violated the section 1 of the Kansas Constitution Bill of Rights, which protects a right to personal autonomy. In a second opinion, applying strict scrutiny, found unconstitutional additional licensing requirements for physicians who provide abortions than required for other providers.
Ohio’s Justice DeWine Attempts to Address Criticisms of Originalism
The Ohio Supreme Court justice outlines a framework that promotes state interpretations that differ from federal jurisprudence.
Ainslee Johnson-Brown
Ainslee Johnson-Brown is a constitutional law scholar and advocate specializing in judicial interpretation and the evolving role of state courts in protecting democracy.
In re State
Granted motion for temporary injunction, prohibiting the County’s plan to use federal funds for $500 monthly cash payments to residents because it could violate the state constitution's prohibition on gratuitous payments
Commonwealth v. Lee
The Pennsylvania Supreme Court will decide whether mandating a life sentence, without the possibility of parole, for “felony murder” — a legal doctrine that allows someone to be prosecuted for murder for any death that occurs during the commission of a separate felony, even if the defendant never meant to kill anyone — violates the Pennsylvania Constitution’s ban on “cruel” punishments or the federal Eighth Amendment.
State v. Autele
Held that trial courts have discretion to determine whether the state constitutional right to be represented by retained counsel of choice is outweighed by other considerations, including ethical requirements or the potential for undue delay and disruption of trial
Bienvenu v. Defendant 1
Vacated prior ruling and held that a statute, which retroactively revived certain prescribed child sex abuse claims for limited three-year period, did not conflict with state constitutional substantive due process protection against disturbing vested rights
Roman Realty, LLC v. The City of Morgantown
Ruled that the state constitution's takings clause does not require an eminent domain proceeding be initiated to ascertain just compensation, merely that just compensation must be paid
North Carolina Could Be on the Verge of a Constitutional Crisis
If the courts hand a victory to the state’s losing supreme court candidate, citizens across the political spectrum could perceive the court as unfair — and the justices risk losing their legitimacy.
