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State Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.
Fleischmann v. Aguilar
The Nevada Supreme Court upheld a lower court decision denying a request for declaratory judgment brought by opponents of a Republican-backed ballot initiative that would require voters to present photo identification
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
Rodriguez-Williams v. Johnson
Held that state legislators and anti-abortion organization did not have a right to intervene in an action challenging the constitutionality of state statutes restricting abortion
Barrett v. Montana
Ruled that three 2021 laws regulating universities were unconstitutional, including the “Save Women’s Sports Act” that banned transgender athletes from playing on women’s college teams.
Hogan v. Southern Methodist University
Held that a pandemic era law that protected schools from having to pay monetary damages for changes made to the academic experience did not violate a Texas Constitution clause prohibiting retroactive laws.
Wyoming Supreme Court Set to Decide Whether Abortion Is Health Care
A lower court ruled Wyoming’s abortion ban violated a state constitutional amendment guaranteeing the right to make one’s own health care decisions.
Mary E. Adkins
Mary E. Adkins is a professor emerita at the University of Florida Levin College of Law. She has written extensively on the Florida Constitution and is the author of Making Modern Florida: How...
The Florida Constitution: For the People?
Citizen support for constitutional amendments has been undermined by the legislature’s interpretation of those initiatives.
Fair Maps Nevada v. Jeng
Nevada Supreme Court held that initiatives seeking to amend the state constitution to create a seven-member redistricting commission charged with drawing the state's legislative and congressional maps were unconstitutional
