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Associated General Contractors of Washington v. State
Ruled that a bill modifying how the Department of Labor and Industries calculated prevailing wage rates for public works projects was not an unconstitutional delegation of legislative authority
Statler v. State
Ruled statute proscribing sexual battery as a general intent crime not requiring defendant’s knowledge as to complainant’s nonconsent is constitutional under due process clause
State v. Thompson
Ruled police’s continued seizure of defendant’s cell phone without a warrant was not reasonably necessary to its investigation and violated unreasonable search and seizure protections
Unpacking the Legal Challenges to Trump’s Ballot Eligibility
The vast majority of cases aiming to remove Trump from the ballot have been dismissed, but without deciding whether he’s eligible to hold the presidency.
How Closely Should State Courts Scrutinize Laws that Restrict Voting?
The level of judicial review can be the decisive factor in whether a law burdening the right to vote is upheld.
State v. Graham
Ruled prosecutor’s specific argument that defendant tailored their testimony in response to the testimony other witnesses provided at trial did not violate defendant's right to confrontation
Missed Opportunities in State Takings Challenges to Pandemic-Era Restrictions
Recent decisions have left Washington State’s protections against the taking of private property below the federal floor. Now Michigan has a chance to do better.
Robert H. Thomas
Robert H. Thomas is the director of property rights litigation at Pacific Legal Foundation.
Short v. State
Ruled executive branch’s sweep of unappropriated state general funds, including funds for educational grants, into a reserve fund did not violate legislature’s appropriation powers
Department of Corrections v. Stefano
Held that a person released from prison on electronic monitoring has due process rights implicated when they are removed from electronic monitoring and returned to prison
