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Rafael Cox Alomar
Rafael Cox Alomar is a professor of law at the David A. Clarke School of Law of the University of the District of Columbia in Washington D.C. and author of...
The Puerto Rico Constitution: A Unique Territorial Framework
Though the island’s territorial constitution offers unique provisions and a focus on human rights, Congress still exerts plenary powers over Puerto Rico.
Hodes & Nauser v. Kobach; Hodes & Nauser v. Stanek
Affirmed district court's grant of summary judgment in favor of health care providers and said that a near-total ban on a common method of second trimester abortion, called a dilation and evacuation, violated the section 1 of the Kansas Constitution Bill of Rights, which protects a right to personal autonomy. In a second opinion, applying strict scrutiny, found unconstitutional additional licensing requirements for physicians who provide abortions than required for other providers.
In re State
Granted motion for temporary injunction, prohibiting the County’s plan to use federal funds for $500 monthly cash payments to residents because it could violate the state constitution's prohibition on gratuitous payments
State v. Autele
Held that trial courts have discretion to determine whether the state constitutional right to be represented by retained counsel of choice is outweighed by other considerations, including ethical requirements or the potential for undue delay and disruption of trial
Bienvenu v. Defendant 1
Vacated prior ruling and held that a statute, which retroactively revived certain prescribed child sex abuse claims for limited three-year period, did not conflict with state constitutional substantive due process protection against disturbing vested rights
Roman Realty, LLC v. The City of Morgantown
Ruled that the state constitution's takings clause does not require an eminent domain proceeding be initiated to ascertain just compensation, merely that just compensation must be paid
T.F. and B.F. v. Kettle Moraine School District
Trial court held that district's policy of permitting and affirming student requests to transition to a different gender identity at school, without parental consent, violates parents' fundamental due process right to make healthcare decisions for their children. Court relied on expert testimony that living a "double life" with different gender identities at home and at school is "'inherently psychologically unhealthy'" for children.
Held v. Montana
Held that Montana’s policy of excluding greenhouse gas emissions and related climate impacts from environmental reviews of fossil fuel projects violated the state constitution’s guarantee of a clean and healthful environment.
State v. Barr
Held that the mandatory consecutive sentence requirement in the Idaho Code did not violate the separation of powers provision of the Idaho Constitution
