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Cherokee Nation v. U.S. Department of the Interior
Held that the governor possesses constitutional and statutory authority to represent the state’s interests in litigation involving tribal gaming contracts, including to choose the counsel who will represent his position. The governor was a named defendant in his official capacity in the underlying litigation, and the state attorney general sought to assume control of defending the state’s interests over the objection of the governor, who had already employed separate counsel to represent the state.
McCarty v. Missouri Secretary of State
Will consider whether to set aside an approved ballot measure increasing the state's minimum wage and providing paid sick leave, based on alleged irregularities with the measure's "fiscal note summary" and summary, and alleged violations of state constitutional "single-subject" requirements and equal protection.
Texas v. Margaret Daley Carpenter
Texas’s attorney general sued a New York doctor for mailing abortion-including drugs to a woman in Texas, claiming she practiced medicine in Texas without a Texas license and improperly aided an abortion. After the doctor did not respond to the complaint, a Texas trial court issued a default judgment enjoining her from prescribing abortion-inducing drugs to state residents and imposing $100,000 in civil penalties, as sought by the attorney general.
Vet Voice Foundation v. Hobbs
Washington Supreme Court held requirement that election workers verify voter signatures on mail ballots, when coupled with the state’s recently expanded process for notifying voters and providing an opportunity to cure when a signature mismatch is identified, does not facially violate the state constitution’s free and equal elections, privileges and immunities, or due process clause.
Gun Rights, Abortion Bans, and the Mysterious “Right to Travel”
The Massachusetts high court rejected a claim that licensing requirements for nonresidents carrying firearms violated the right to travel.
DeSantis and His Allies Go to War Against Direct Democracy
In a blatant power grab, the Florida governor and some legislators seek to remove one of the only remaining checks on their authority.
Montana’s Housing Crisis Fix Survives Constitutional Challenge
Homeowners favoring single-family residences sued to block legislation meant to increase housing supply and bring down home prices.
Cuomo v. New York State Commission on Ethics and Lobbying in Government
Ruled that state ethics commission does not violate separation of powers principles, finding that the legislature shares with the governor power to appoint and remove state officers under New York's constitution and the commission "provides an additional ethics enforcement mechanism narrowly targeted to the problems inherent in the Executive Branch’s self-regulation."
Arizona Supreme Court Grapples with Challenge to “Dark Money” Disclosure Law
Voters overwhelmingly approved the law in 2022 to shed light on anonymous campaign spending from large donors.