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Montana Trout Unlimited v. Montana Department of Natural Resources & Conservation
Held that the exemption of dewatering from the Montana Water Use Act's permitting requirements did not violate the water rights section of the state's constitution
Wasserman v. Franklin County
Held that a plaintiff who asserts only the rights of a third-party lacks standing to sue in Georgia courts, overruling precedent that had imported the federal third-party standing doctrine.
Glen Oaks Village Owners v. City of New York
Will consider whether a New York City law establishing greenhouse gas emission limits for large city buildings is field preempted by a state climate law that sets emissions targets statewide. An intermediate appellate court reversed dismissal of the plaintiffs' preemption claim.
Hicks v. State
Will consider whether Wyoming's "cruel or unusual" punishment clause provides greater protections against mandatory life-without-parole sentences for late adolescents (those who were under 21 at the time of the crime) than the federal Eighth Amendment does. Will also consider whether such sentences violate state constitutional clauses providing the "penal code shall be framed on the humane principles of reformation and prevention" and for equal protection.
In re L.E.S.
Will consider whether a "would have been married" test created by an intermediate appellate court to determine whether a woman, who had children with a same-sex partner at a time when the state's same-sex marriage ban was in effect, has parental rights over the children, violates separation of powers principles and the state constitution's ban on retrocative laws by effectively rewriting state statutes that do not recognize common-law marriage and define parenthood in the case of artificial insemination.
Smith v. BlueCross BlueShield of Tennessee
Held that an insurance 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 right to petition in the TN Constitution only constrains the government, not private parties, a private employer does not violate “public policy” by terminating an employee for exercising that right.
State Court Oral Arguments to Watch for in April
Issues on the dockets include parental rights under now-defunct same-sex marriage bans, New York City’s emissions caps for big buildings, and more.
Sanctuary Policies in a Federal System
States and localities that restrict federal enforcement of immigration and gun laws promote diversity and help protect against authoritarianism.
Andrew Willinger
Andrew Willinger is the executive director of the Duke Center for Firearms Law and a lecturing fellow at Duke Law School. He teaches and writes on the...
The Complexity of Lockstepping Post-Bruen
A Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.
