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Dispute over Abortion for Florida Teen Could Have Far-Reaching Consequences
A showdown over parental rights, abortion access, fertility care, and more could follow a recent state court decision.
Askew v. City of Kinston
Held that plaintiffs bringing direct actions under the state constitution are not required to exhaust administrative remedies before filing suit.
State v. White
Ruled that the state constitution's confrontation clause requires two-way visibility between the accused and witnesses during testimony.
Borgelt v. Austin Firefighters Association
Held that provision of collective bargaining agreement authorizing union members to conduct certain union-related activities does not violate the state constitution's Gift Clause
State v. Bauler
Plurality holds that the state constitution's search and seizure provision was not violated when a K-9 handler and his trained canine momentarily made contact with the exterior of a vehicle during a dog sniff
In re Harris
Held that a judge may consider proffered inadmissible evidence to support denial of bail without violating due process principles so long as the evidence is reliable
T.F. and B.F. v. Kettle Moraine School District
Trial court held that district's policy of permitting and affirming student requests to transition to a different gender identity at school, without parental consent, violates parents' fundamental due process right to make healthcare decisions for their children. Court relied on expert testimony that living a "double life" with different gender identities at home and at school is "'inherently psychologically unhealthy'" for children.
Held v. Montana
Held that Montana’s policy of excluding greenhouse gas emissions and related climate impacts from environmental reviews of fossil fuel projects violated the state constitution’s guarantee of a clean and healthful environment.
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.
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.
