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Smith v. BlueCross BlueShield of Tennessee
Tennessee Supreme Court held that company's termination of an at-will employee for petitioning legislators about Covid-19 vaccine requirements did not fall within a “violates clear public policy” exception to at-will employment. Because the state constitutional right to petition only constrains the government, a private employer does not violate public policy by terminating an employee for exercising that right.
Sean Beienburg
Sean Beienburg is an associate professor in the School of Civic and Economic Thought and Leadership at Arizona State University, where he has...
The Arizona Constitution: Deeply Skeptical of Power
Arizona’s governing document is easy to amend. While Arizonans have approved changes on issues like abortion and immigration, they use the right relatively sparingly.
In Re Application for Correction of Birth Record of Hailey Emmeline Adelaide
Court was unable to form a majority on the merits, which had the effect of leaving undisturbed lower court rulings denying a transgender woman’s request to change the sex marker on her birth certificate.
State v. Velasquez
Oklahoma Court of Criminal Appeals held that suppression of evidence as a remedy did not apply to officers' violation of Oklahoma's "knock and announce" requirement for executing a search warrant, and reaffirmed that the state's search and seizure clause is substantively "identical" to the Fourth Amendment.
State Court Oral Arguments to Watch for in September
Issues on the dockets include charter schools, minimum wage for live-in caregivers, online arbitration agreements, and a controversial handwritten date requirement for mail ballots.
The Power of State Constitutional Rights
Judges, practitioners, and scholars explore critical issues facing state courts and constitutions.
Moe v. Yost
Ohio Supreme Court will consider appeal of intermediate court ruling that struck down ban on gender-affirming care for trans youth as violating the state's healthcare freedom amendment and parents' rights
Fisher v. Harter
Ruled that a statute granting peremptory grounds to state legislators to obtain continuances or extensions of fixed court dates was unconstitutional on its face under the separation-of-powers doctrine
In re The Thirtieth County Investigating Grand Jury
Ruled that supervising judge's failure to give notice and opportunity to respond to all named, unindicted individuals criticized in a proposed investigating grand jury report violated the unindicted individuals' constitutional rights to due process and reputation
