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League of Women Voters of Kansas v. Schwab
Held that voting was not a fundamental right under the state constitution's Bill of Rights, but a political right grounded elsewhere in the constitution.
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.
Tricoast Builders, Inc. v. Fonnegra
Ruled that the plaintiff was required to establish prejudice in order to prevail on appeal on their claim regarding the trial court's alleged error in declining to conduct a jury trial
Worrell v. Desantis
Denied an elected Florida state attorney’s bid to be reinstated after she was removed from office by Republican Governor Ron DeSantis, an act she, a Democrat, said was politically motivated. The court said DeSantis was within his constitutionally-conferred rights to suspend her for what he alleged was neglect of her duties. A dissenting opinion in the case said the prosecutor was not given time to mount a meaningful defense and expressed need for careful examination of a suspension in the case where the constitution “in effect authorizes the governor to override the will of the majority of voters who elected the official and to appoint a replacement of the governor’s choosing.”
Minnesota v. Malecha
Held that, under the state constitution, prosecutors could not rely on evidence collected after police officers arrested a person based on a warrant they didn’t know had been quashed.
Planned Parenthood v. Utah
Plaintiffs claim that abortion restrictions violate the right to determine family composition, Equal Rights Amendment, right to uniform operation of laws, right to bodily integrity and privacy, and right of conscience
Smith v. Iowa District Court for Polk County
Held that the Iowa Constitution contains a legislative privilege that protects legislators from compelled document production
Owens v. Stirling
Held that execution by electrocution and firing squad are not “cruel or unusual” punishments under the state constitution
Commonwealth v. Shepherd
Held that the state's right to equal protection did not require the retroactive application of a new rule requiring proof of actual malice for felony murder
Six Brothers, Inc. v. Town of Brookline
Upheld local law that would gradually make it illegal to sell tobacco products within town limits; held regulation is not preempted by state tobacco regulations and does not violate equal protection
