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I.S. v. State
Held that a statute requiring prosecutor's written approval as a prerequisite to dismissal and referral to informal supervision if juvenile was charged with offense that, if committed by adult, would constitute felony or gross misdemeanor, did not violate separation of powers
Alliance Housing Incorporated v. County of Hennepin
Held that for the purposes of qualifying for tax exemption, an institution of purely public charity with a purpose of providing housing for low-income individuals uses its real property in furtherance of its charitable purpose when it leases its property to its intended beneficiaries for personal residence
State Court Oral Arguments to Watch for in April
Issues on the dockets include parental rights under now-defunct same-sex marriage bans, New York City’s emissions caps for big buildings, and more.
Sanctuary Policies in a Federal System
States and localities that restrict federal enforcement of immigration and gun laws promote diversity and help protect against authoritarianism.
Bienvenu v. Defendant 1
Held that statute, which retroactively revived certain prescribed child sex abuse claims for limited three-year period, conflicted with state constitutional substantive due process protection against disturbing vested rights
Andrew Willinger
Andrew Willinger is the executive director of the Duke Center for Firearms Law and a lecturing fellow at Duke Law School. He teaches and writes on the...
The Complexity of Lockstepping Post-Bruen
A Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.
State v. Gibbons
Ruled that a statute imposing a mandatory minimum $5,000 fine without regard to a criminal defendant's ability to pay was facially unconstitutional in violation of Montana's proportionality requirement and the Excessive Fines and Fees Clause
Abortion Rights and Transgender Rights Are Intertwined
As federal courts use the rollback of abortion rights to undermine protections for trans people, Montana’s high court has extended rights in both areas.
Office of the State of Public Defender v. Bonta
Plaintiffs, a group of civil right and legal organizations, challenge the legality of the California death penalty statute, claiming it is racially discriminatory and violates the state constitution.
