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Center for Arizona Policy v. Arizona Secretary of State
Arizona Supreme Court will consider allegations that a campaign-disclosure law violates state constitutional rights to free speech and not to be disturbed in "private affairs," as well as separation of powers. Lower courts dismissed the claims.
Baxter v. Philadelphia Board of Elections
Pennsylvania Supreme Court will consider whether it violates the state constitution's "free and equal" elections clause not to count a mail ballot because the voter failed to comply with a state law requiring the date to be handwritten on the ballot's outer envelope.
Commonwealth v. Shivers
Pennsylvania Supreme Court will consider whether a person fleeing from officers in a high-crime area, standing alone, can create reasonable suspicion to make a police stop lawful under the state constitution's search and seizure clause.
People v. Armstrong
Michigan Supreme Court held that, following the state's legalization of some marijuana use and possession, the smell of marijuana, standing alone, does not constitute probable cause to justify the warrantless search of a car.
Chilutti v. Uber
Pennsylvania Supreme Court will review a lower court's decision to impose a stricter standard than federal courts have applied for when to enforce online arbitration agreements against a user who lacks actual knowledge of the terms, to protect the strong right to a jury trial in the state's constitution.
How the Tort Wars Became the Court Wars
Recent rulings in Ohio and North Carolina demonstrate divisions on medical malpractice damages caps.
Sikora v. Iowa
Iowa Supreme Court held that a former incarcerated person’s state constitutional and tort damages claims against the state and correction officers for releasing him from prison five months late were barred by the legislature’s choice not to waive sovereign immunity for false imprisonment claims. Three dissenting justices would have held that the right to sue an official for false imprisonment was part of the common law at the state constitution’s adoption and was secured by its liberty guarantees, precluding legislators from eliminating that right in the state tort claims act.
North Carolina NAACP v. Moore
North Carolina Supreme Court ruled principles of popular sovereignty and democratic self-rule impose limits on authority of legislators elected from unconstitutionally racially gerrymandered districts to initiate process of amending constitution
Case Trends: State Courts Continue to Grapple with Covid-19 Policies
Courts are still weighing the constitutionality of state responses to the pandemic more than five years after its start.
Commonwealth v. Council for Better Education; LaFontaine v. Council for Better Education
Kentucky Supreme Court will consider whether a law providing for public charter schools violates the state constitution's requirement that the legislature establish "an efficient system of common schools" and related provisions.
