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Roebuck v. Mayo Clinic
Arizona Supreme Court held that eliminating a patient's right to recover damages for ordinary negligence violates the Arizona Constitution's anti-abrogation clause
In re Kowalczyk
California Supreme Court recognized a right to pretrial release, absent delineated exceptions in one provision, that generally requires courts to set any bail in an amount reasonably attainable for the arrestee
People v. Kopp
California Supreme Court held that excessive fines clause is proper vehicle for challenging imposition of a fine; and equal protection requires courts before assessing certain fees to consider a criminal defendant's inability to pay, as laws imposing similar fees in civil cases contain a waiver option for indigent litigants
In the Matter of Request for Opinion of the Justices
Maine Supreme Court issued an advisory opinion that proposed legislation extending ranked-choice voting to the general elections for governor and the state legislature would, if enacted, violate clauses requiring those positions to be elected by a plurality of all votes
Thigpen v. Best Home Care
Minnesota Supreme Court held that penalty for unemployment benefit misrepresentation did not violate excessive fines clause and declined to decide whether ability to pay should be part of the proportionality analysis
Gregory Brazeal
Gregory Brazeal is an associate professor at the University of South Dakota Law School, a former major in the Army Reserve, and the author of The Hero and the Victim: Narratives of...
The South Dakota Constitution: “Under God the People Rule” — But All the People?
A long history of Indigenous exclusion has undermined the state’s democratic ideals.
Wise v. State; Healey v. State
Missouri Supreme Court upheld the state's new congressional map, finding it did not violate provision that "districts shall be composed of contiguous territory as compact and as nearly equal in population as may be"
Florida Judge Refuses to Temporarily Block New State Congressional Map
Voting rights groups claim the new map, expected to result in four additional Republican seats, violates the Florida Constitution’s ban on partisan gerrymandering.
People v. Ormsbee
Michigan Supreme Court will consider whether a law permitting trial courts to assess fees on convicted defendants to fund court operations violates due process by creating potential for bias, separation of powers, or a clause requiring a distinct statement for any tax
