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Hawaii’s Lawsuit Against Oil Companies Alleges “Harm to Public Trust Resources”
States are suing companies that cause harm to the environment, relying on mandates requiring protection of public resources.
How the Constitution Constrains Presidential Overreach Against the States
Existing “anti-commandeering” doctrine is one avenue to challenge abuses of presidential power, but stronger arguments are rooted in the Constitution’s separation of powers.
Three Years After Dobbs, State Courts Are Defining the Future of Abortion
Litigation across the states is testing how far constitutional amendments can go in protecting or restricting abortion access.
The Strange Legal Standard Eroding Civil Rights In North Carolina
In a string of recent cases, the North Carolina Supreme Court has demanded claimants prove that statutes are “unconstitutional beyond a reasonable doubt.”
Virginia’s Constitution: An Influential and Resurgent Declaration of Rights
The state’s supreme court has recently interpreted the constitution to provide stronger protections for rights than are guaranteed by the U.S. Constitution.
State Court Oral Arguments to Watch for in June
Issues on the dockets include partisan gerrymandering, fines and fees imposed on indigent defendants, and bans on flavored tobacco and online vision tests.
Despite Constitutional Amendment, Abortion Still Out of Reach in Missouri
The Missouri Supreme Court reinstated restrictions on abortion this week, effectively making the procedure impossible to access in the state.
After U.S. Supreme Court Ruling, It’s Back to States’ Laboratories for Religious Charter Schools
An evenly split Court left in place the Oklahoma Supreme Court’s decision that granting a charter to a religious school was unconstitutional.
The Role of History and Tradition in State Court Abortion Cases
Some state courts weighed historical evidence and found abortion rights protections, diverging from the U.S. Supreme Court’s approach in Dobbs.
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.
