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Iowa High Court Adds to Confusion Over New Right-to-Bear-Arms Amendment
The court issued a divided decision upholding the state’s gun rights restoration process.
Treat v. Stitt
Held that state legislators did not violate the state constitution by issuing extensions on existing tribal compacts related to tobacco taxes and motor vehicle fees. The Oklahoma governor had argued his office has exclusive authority to negotiate contracts between tribes and the state.
State Court Oral Arguments to Watch for in January
Issues on the dockets include large-capacity magazines, conversion therapy, and “regulation without representation.”
People v. Debellis
Ruled that defense counsel was ineffective for failing to request charge on the only defense supported by the trial testimony
People v. Rodriguez
Held that a bicycle stop is a seizure and that police may not initiate encounters with bicyclists absent reasonable suspicion of crime or probable cause of traffic violation
Mellowitz v. Ball State University
Upheld law prohibiting class actions against postsecondary educational institutions to recover losses stemming from Covid-19
Montana Democratic Party v. Jacobsen
Held unconstitutional laws eliminating election day registration and limiting acceptable forms of identification for voting
Texas Lawmakers’ Unusual Attempt to Halt the Execution of a Possibly Innocent Man
The state high court held that the Texas legislature’s use of its subpoena power to delay an execution violated separation-of-powers principles.
Constance Van Kley
Constance Van Kley is an Assistant Professor at the Blewett School of Law at the University of Montana, where she teaches federal and state constitutional law.
A Constitution Unique to Montana and Uniquely Montanan
The state’s 1972 charter is populist, pro-conservation, and libertarian.
