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Mohebali v. Hayes
North Carolina Court of Appeals held that a law capping jury awards of noneconomic damages for medical malpractice did not violate the state constitutional jury trial right of a plaintiff who sued her physician for negligence for allowing her pregnancy to extend to 44-weeks, resulting in fetal death.
Phillips v. State (Formerly Blackmon v. State)
Plaintiffs, including patients who allege they did not receive medically necessary abortion care due to doctors' confusion regarding the scope of the medical necessity exception in the state's abortion ban, challenge that exception as violating state constitutional rights to life and equal protection and as unconstitutionally vague.
State Court Oral Arguments to Watch for in November
Issues on the dockets include indigent defense crises in multiple states, what’s been called a “de facto repeal” of citizens’ initiative power, and a voter-approved ban on large-capacity magazines.
The Maryland Constitution: One of the Nation’s Oldest, Was a Model for Other States
The state’s current constitution was adopted during the Reconstruction Era as a reactionary effort to re-establish pre-Civil War government.
The U.S. Supreme Court’s Decision on Trans Healthcare Is Rippling Through State Courts
A North Dakota case upholding a ban on gender-affirming care for trans kids should trouble people who care about the dignity of trans people.
Comprehensive Health of Planned Parenthood Great Plains and Planned Parenthood Great Rivers v. State of Missouri
Asking the court to declare unconstitutional and block enforcement of Missouri’s ban on abortion, its ban on the use of telemedicine for abortion, the 72-hour waiting period for the procedure, and multiple other restrictive abortion-related laws.
State Judges Target the U.S. Supreme Court
A justice in Washington concurred in a recent opinion but dissented “from the racism embedded in the federal case law that applies to this dispute.”
Bailey v. McKintosh County, Webster v. McIntosh County, McIntosh County v. Webster
Georgia Supreme Court reversed a lower court order stopping a special election on a referendum to repeal a county zoning ordinance that could increase home sizes in a historic community of slave descendants, holding the state constitutional clause giving voters that referendum authority extends to zoning ordinances.
PFLAG v. Office of the Attorney General
Texas Supreme Court will consider whether to enforce information requests issued to PFLAG as part of the state's investigation of whether doctors are evading the state's ban on gender-affirming care for minors.
Raftery v. State Board of Retirement
Massachusetts Supreme Judicial Court held that forfeiture of pension benefits required by state law when a state employee is convicted of violating laws applicable to his office did not violate the excessive fines or “cruel or unusual” punishment clause.
