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Individual Members of the Medical Licensing Board of Indiana v. Anonymous Plaintiff 1
Upheld a temporary injunction against Indiana's 2022 abortion ban based on religious freedom claims, but held the injunction was overly broad because it enjoined enforcement of the abortion law in ways that did not violate the state's religious freedom act. Remanded for entry of a narrower injunction
Threats to State Constitutional Abortion Protections
Even where voters pass abortion rights amendments, lawmakers and judges can undermine rights.
State Justices Speak Out Against Originalism
State supreme courts are increasingly a venue for debate over history’s role in constitutional interpretation.
Stefanik v. Hochul
Held that the Early Mail Voter Act, permitting all qualified voters to vote early by mail, was consistent with and valid under the state constitution’s absentee voting provision.
Howell v. Cooper
The North Carolina Supreme Court will hear two cases together, both brought by bar owners who sued the state claiming that shutdown orders related to the Covid-19 pandemic violated their state constitutional right to earn a living, their due process rights under the “law of the land” clause, and their equal protection rights
Foresman v. Foresman
The Hawaii Supreme Court will consider a law that reopened civil claims “based upon sexual acts” with a minor “that constituted or would have constituted a criminal offense” under certain statutes. At issue is whether the law can impose liability for acts that were not crimes when they were committed without violating federal and state constitutional bars against retroactive application of punishment.
Montanans for Election Reform Action Fund v. Knudsen
Held that petitioner’s proposed ballot issue did not violate the separate-vote requirement provision
The U.S. Supreme Court's Declining State Case Docket
So far, only 2 out of 28 cases on the high court’s docket arise from state courts, a surprisingly low number given the regularity with which state courts hear cases implicating federal rights.
In re Dallas County
Upheld, in a unanimous opinion, a 2023 law creating a new court of appeals that has exclusive statewide jurisdiction over intermediate appeals in most matters brought against the state and challenges to a state law’s constitutionality when the attorney general is a party.
