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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
Assessing the State Reaction to the Supreme Court’s Undermining of Property Rights
Twenty years after Kelo v. City of New London, there has been much progress, but abusive takings continue in many states.
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
How Not to Criticize a Judge
The Montana Supreme Court recently splintered over internal accusations of partisan bias.
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.
The Trouble Between Trump and the States on Education Policy
School services, funding, and DEI programs are at stake.
Dylan Erikson
Dylan Erikson is a student at NYU Law School. He previously participated in the Brennan Center’s Public Policy Advocacy Clinic.
Attorney General Duties Are a Frequent Target of Legislative Gamesmanship
Legislatures in multiple states have stripped power from attorneys general they disagree with politically.
Georgia Supreme Court Allows Under-21 Handgun Carry Ban
The court looked to the state’s own constitutional history rather than following recent U.S. Supreme Court gun decisions.
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.
