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States in ‘Lockstep’ with the Fourth Amendment May Not Be Locked
Some states have handcuffed their citizens’ constitutional search and seizure protections to the federal standard — but they still hold the keys to going their own way.
Torres v. Jai Dining Services
Held that clause prohibiting abrogation of right to recover damages from injuries does not extend to actions first recognized after that clause was adopted
Fitz-James v. Ashcroft
Ruled that the descriptions of six ballot initiative petitions to amend the state constitution to protect abortion rights were “insufficient and unfair.”
State v. Kizer
Ruled that residents are entitled to a trial by jury when the government seeks to confiscate their property through civil forfeiture process
Johnson v. Wisconsin Elections Commission
Ruled redistricting disputes can only be judicially resolved to remedy a cognizable right and partisan gerrymandering claims are not cognizable under the state constitution
Arkansas Department of Education v. Jackson
Held that emergency clause in legislation complied with constitution's procedural requirements
State ex rel. Candelaria v. Grisham
Ruled that the legislative branch controlled the funds disbursed to the state under the federal American Rescue Plan Act because the law left significant discretion to the states
Tidwell v. Blaine County
Dismissed land use case for lack of standing, dissent argued that court should not use federal standing doctrine when state constitution has distinct language
In re: Legislator Interest in State Contracts
Governor seeks an advisory opinion clarifying the breadth of the constitutional prohibition on state legislators having an interest in a state contract
Who Can Challenge State Abortion Bans? It’s Not So Clear Cut.
Since the U.S. Supreme Court prevented abortion providers from challenging restrictions on abortions, several states have indicated they’ll adopt the same stance on standing.
