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Rowe v. Raoul
Ruled that pretrial release laws abolishing monetary bail do not violate constitution's bail, crime victims' rights, or separation of powers clauses
SCOTUS Allows Emergency Abortions in Idaho — For Now
Litigation over exceptions to abortion bans to preserve the life and health of pregnant people is also pending in multiple state courts.
Eric Ruben
Eric Ruben is an associate professor of law at SMU Dedman School of Law and a fellow at the Brennan Center.
SCOTUS’s Review of Ban on Trans Health Care Highlights Need for State Litigation
Even if the U.S. Supreme Court decides that bans on gender-affirming care for trans youth are constitutional, state courts can strike down such laws under state constitutions.
SCOTUS’s 2nd Amendment Decision Leaves Open Questions for State Courts
The U.S. Supreme Court upheld the disarmament of a domestic abuser in United States v. Rahimi, but litigation over where to draw the line will continue.
Anderson v. Clarke
Habeas petitioner claims that state Department of Corrections wrongly interpreted a budget provision related to sentencing credits, violating ex post facto and due process clauses.
Hensley v. State Commission on Judicial Conduct
Plaintiff justice of the peace claims that sanctioning her for refusing to officiate same-sex marriages on account of her Christian faith violated her free speech rights
PFLAG v. Abbott
Plaintiffs claim that Governor's directive to investigate reports of gender-dysphoria treatment as alleged "child abuse," violated state constitution
The Gym 24/7 Fitness LLC v. State of Michigan
Plaintiff claims that the temporary closure of fitness centers as a result of COVID-19-related executive orders constituted inverse condemnations and takings requiring compensation
Gascon v. the Association of Deputy District Attorneys for Los Angeles County
Intermediate court held that three strikes law's requirement that prosecutors plead and prove prior convictions that qualify defendants for longer sentences violates separation of powers
