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Surface Water Use Permit Applications
Vacated the Water Commission’s decision regarding interim instream flow standards for failure to comply with the state constitution's public trust doctrine and remanded for further proceedings.
Wyoming Supreme Court Signals Openness to Limiting Excessive Punishments
At oral arguments over the constitutionality of mandatory life-without-parole sentences for young adults, several justices suggested the right to be free from “cruel or unusual” punishments might be fundamental.
State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.
Hodes & Nauser v. Kobach; Hodes & Nauser v. Stanek
Affirmed district court's grant of summary judgment in favor of health care providers and said that a near-total ban on a common method of second trimester abortion, called a dilation and evacuation, violated the section 1 of the Kansas Constitution Bill of Rights, which protects a right to personal autonomy. In a second opinion, applying strict scrutiny, found unconstitutional additional licensing requirements for physicians who provide abortions than required for other providers.
In re State
Granted motion for temporary injunction, prohibiting the County’s plan to use federal funds for $500 monthly cash payments to residents because it could violate the state constitution's prohibition on gratuitous payments
Commonwealth v. Lee
The Pennsylvania Supreme Court will decide whether mandating a life sentence, without the possibility of parole, for “felony murder” — a legal doctrine that allows someone to be prosecuted for murder for any death that occurs during the commission of a separate felony, even if the defendant never meant to kill anyone — violates the Pennsylvania Constitution’s ban on “cruel” punishments or the federal Eighth Amendment.
State v. Autele
Held that trial courts have discretion to determine whether the state constitutional right to be represented by retained counsel of choice is outweighed by other considerations, including ethical requirements or the potential for undue delay and disruption of trial
Bienvenu v. Defendant 1
Vacated prior ruling and held that a statute, which retroactively revived certain prescribed child sex abuse claims for limited three-year period, did not conflict with state constitutional substantive due process protection against disturbing vested rights
Democracy’s Fate Depends on Both State and Federal Courts
State and federal courts each played a role in stopping a candidate who lost his race for a seat on the North Carolina Supreme Court from throwing out 60,000 votes.
Roman Realty, LLC v. The City of Morgantown
Ruled that the state constitution's takings clause does not require an eminent domain proceeding be initiated to ascertain just compensation, merely that just compensation must be paid
