Search
Filter Search
State ex rel. Spung v. Evnen
Ordered election officials to implement immediately a 2024 law that reinstated voting rights to those convicted of a felony upon completion of their sentence, meaning affected people can now register to vote for November’s election. The secretary of state, based on an advisory opinion from the state attorney general calling the law unconstitutional, had directed election officials to stop registering people with a felony conviction who had not received a pardon.
Republican National Committee v. Aguilar
Nevada Supreme Court affirmed denial of a preliminary injunction sought by the Republican National Committee to stop the practice of counting mail-in ballots that lack a postmark date but arrive by the statutory deadline. State law provides that ballots for which the “date of the postmark cannot be determined” must arrive by 5:00 p.m. on the third day after the election. The court found the statutory language ambiguous but said both legislative history and public policy support counting the un-postmarked ballots.
Law Student Cheat Sheet: Understanding State Courts and Constitutions
As the school year kicks off, we’ve rounded up some of our top explainer essays on how state courts and state constitutions work, protect rights, and influence major U.S. legal issues. Consider it your “State Constitutions 101.”
League of Women Voters of Utah v. Utah State Legislature (LWV 2)
Utah Supreme Court voided Amendment D, a legislatively referred proposed state constitutional amendment that would have allowed lawmakers to repeal citizen-initiated and approved ballot measures. The amendment would have overturned a prior Utah high court ruling. The high court found the legislature failed to follow the proper procedure for placing an amendment on the ballot.
Planned Parenthood of Montana v. State (Planned Parenthood 3)
Upheld preliminary injunction against 2023 laws and an agency rule that limit Medicaid coverage for abortion, finding that they likely violate the right to a pre-viability abortion the Montana Supreme Court has recognized as protected by the state constitution's right to privacy, as well as the state's equal protection clause.
Planned Parenthood of Montana v. State (Planned Parenthood 4)
Upheld preliminary injunction against 2023 laws that prohibit dilation and evacuation abortions—the only outpatient procedure available in the second trimester in Montana—and require an ultrasound pre-abortion, effectively preventing telehealth mediation abortions. A majority of the court found that these laws likely violate the right to a pre-viability abortion the Montana Supreme Court has recognized as protected by the state constitution's right to privacy.
Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism
Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.
What Happens if the U.S. Supreme Court Guts the Voting Rights Act?
State provisions could help fill a voting rights gap, but they are a poor substitute for a strong federal standard.
Dan Lewerenz
Dan Lewerenz is an assistant professor at the University of North Dakota School of Law.
Tribal Courts and Constitutions of American Indian Tribes
Tribal courts and constitutions shape governance for American Indian tribes, balancing sovereignty with federal law in their unique legal systems.
