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State v. McKelvey
Held that a state trooper's use of telephoto lens to enhance photographs of defendant's greenhouse from aerial surveillance was a "search" under the state's search and seizure clause
Scholarship Roundup: New Year Edition
The last few months brought a rich array of articles and books about state constitutions, courts, and governance.
Smith v. Ohio State University
Held that discretionary immunity serves as a jurisdictional bar, not an affirmative defense, to suits against the state in the Court of Claims
Davis v. Bissen
Held that unabandoned possessions of houseless persons constitute property and were protected by Hawaii's due process clause
State Chamber of Oklahoma v. Cobbs
Dissent would have struck down Initiative Petition 446 as a facially unconstitutional delegation of legislative authority to federal officials in direct contravention of the Court's precedent
In States with Abortion Bans, When Does a Medical Emergency Trigger an Exception?
Doctors have delayed life-saving care out of confusion over exceptions to strict abortion bans. State courts are being asked to clarify the laws.
Local Abortion Restrictions Preempted in New Mexico
The New Mexico Supreme Court struck down an attempt by conservative activists to create anti-abortion enclaves in the state, which has expansive abortion protections.
Aztec Municipal Schools v. Cardenas
Affirmed a lower court decision that a workers’ compensation limit on the duration of disability benefits for a mental illness violated the equal protection clause of the state constitution.
Vazquez v. State
Held that the statute generally defining state residency governs Alaska Constitution's three-year state residency requirement for Alaska legislators
State v. Gnewuch
Held that Nebraska's deferred judgment statute did not violate the state constitution's separation of powers clause