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Williams v. Powell
Held that statutes criminalizing acts likely to prevent or disrupt the General Assembly and criminalizing intentionally disruptive or disorderly conduct at state capital were neither facially overbroad nor facially vague
Hawaii’s Lawsuit Against Oil Companies Alleges “Harm to Public Trust Resources”
States are suing companies that cause harm to the environment, relying on mandates requiring protection of public resources.
Walker v. Chasteen
Held that the refund claim of unconstitutionally added-on filing fees for mortgage foreclosure complaints was a retrospective monetary award to redress a past wrong, which fell under the jurisdiction of the Court of Claims, not the circuit court
Steven D. Schwinn
Steven D. Schwinn is a professor at the University of Illinois Chicago School of Law
How the Constitution Constrains Presidential Overreach Against the States
Existing “anti-commandeering” doctrine is one avenue to challenge abuses of presidential power, but stronger arguments are rooted in the Constitution’s separation of powers.
State v. Warren
Held that the right to confrontation enshrined in the New Hampshire constitution would be violated by permitting a child victim to testify from outside the courtroom via a one-way video feed
Stefanik v. Hochul
Upheld New York's universal early mail voting law. The state high court disagreed that a state constitutional clause expressly authorizing absentee voting for specific categories of people should be interpreted to prevent mail-in voting by all others, based on the presumption of constitutionality for state laws, the constitutional history, and another clause allowing the legislature to authorize the "method" of elections.
Three Years After Dobbs, State Courts Are Defining the Future of Abortion
Litigation across the states is testing how far constitutional amendments can go in protecting or restricting abortion access.
State ex. rel. Raúl Torrez v. Board of County Commissioners for Lea County
New Mexico Supreme Court granted mandamus and prohibited enforcement of local ordinances that sought to restrict access to abortion services by expressly incorporating the federal Comstock Act, holding the ordinances are preempted by state statutes.
Symposium: State Constitutions and the Limits of Criminal Punishments
As the Supreme Court steps back on individual rights, state constitutions are filling the void. Do we fully understand their role and importance?
