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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.
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
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
William W. Berry III
William W. Berry III is Associate Dean for Research and Montague Professor of Law at the University of Mississippi.
How Courts and Litigators Can Help Redefine “Cruel” and “Unusual” Punishments
A new law review article offers guidance for state appellate judges interpreting their Eighth Amendment cognates for the first time.
Keisha Stokes-Hough
Keisha Stokes-Hough is a deputy director of legal management at the Southern Poverty Law Center.
The Alabama Constitution: Despite a Century of Updates, Traces of its Racist Past Linger
The constitution’s extensive amendments and inclusion of local government rules make Alabama’s constitution the country’s longest
O’Halloran v. Sec. of State
Michigan Supreme Court held that certain instructions for election challengers and poll watchers issued by the secretary of state in 2022 largely comply with the state’s election law and administrative procedures act, finding only limited statutory violations.
Natural Rights in State Courts
State constitutional provisions broadly protecting “inherent rights” do real work.
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.