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R.W. v. Dept. of Education and T.G.A. v. Dept. of Education
Will consider whether a law that requires the state to publicize suspensions of teachers who are charged with serious crimes, requires removal of references to those suspensions -- or whether due process principles in the Pennsylvania Constitution do -- if those charges are subsequently resolved in the educators' favor.
Layla H v. Virginia
Plaintiffs claim that state’s practice of approving permits for fossil-fuel infrastructure violates substantive due process and public trust rights to natural resources, protected by the state constitution. They claim such practice infringes these rights by contributing to greenhouse-gas pollution and climate change. A trial court dismissed plaintiffs’ complaint, and the intermediate appellate court affirmed on the basis that the plaintiffs lack standing. Finding that there was no reversible error, the Virginia Supreme Court declined to grant review of the appellate court decision.
Indiana Bureau of Motor Vehicles v. Simmons
Reversed trial court injunction that had ordered Indiana's bureau of motor vehicles to allow a non-binary gender marker on drivers' licenses, finding that the agency's binary-only policy triggers rational-basis review under the federal equal protection clause and does not infringe federal substantive due process.
SisterSong v. Georgia
Georgia Supreme Court vacated the trial court’s decision and remanded to the trial court to reconsider whether the plaintiffs — medical providers and reproductive rights groups — have standing in light of the state high court’s holding in a separate case that a party who asserts only the rights of a third party lacks standing to sue
Battles over Medicaid Funding for Abortion
Congress prohibited Medicaid reimbursement for abortion, but some state supreme courts say similar state-level bans violate their constitutions.
Jacobs v. City of Columbia Heights
Held that a recall petition failed to allege the necessary grounds for a recall election under the Minnesota Constitution
Doe v. Minnesota
Left in place a lower court order blocking abortion restrictions relating to mandated physician care, hospitalization, criminalization, parental notification, and informed consent for violating the state constitution
Pima County. v. State
Held that taxes levied to pay for desegregation expenses, which are subject to the Arizona Constitution's one percent limit on residential property taxes, are not "primary property taxes"
Michael Weinrib
Michael Weinrib is a law student at the University of Wisconsin Law School and an intern at the Brennan Center.
Rachel Seplow
Rachel Seplow is a law student at NYU School of Law and an intern at the Brennan Center.
