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Iowa High Court Adds to Confusion Over New Right-to-Bear-Arms Amendment
The court issued a divided decision upholding the state’s gun rights restoration process.
Johnson v. Wisconsin Elections Commission
Ruled redistricting disputes can only be judicially resolved to remedy a cognizable right and partisan gerrymandering claims are not cognizable under the state constitution
Tidwell v. Blaine County
Dismissed land use case for lack of standing, dissent argued that court should not use federal standing doctrine when state constitution has distinct language
State Court Oral Arguments to Watch for in January
Issues on the dockets include large-capacity magazines, conversion therapy, and “regulation without representation.”
Texas Lawmakers’ Unusual Attempt to Halt the Execution of a Possibly Innocent Man
The state high court held that the Texas legislature’s use of its subpoena power to delay an execution violated separation-of-powers principles.
Constance Van Kley
Constance Van Kley is an Assistant Professor at the Blewett School of Law at the University of Montana, where she teaches federal and state constitutional law.
A Constitution Unique to Montana and Uniquely Montanan
The state’s 1972 charter is populist, pro-conservation, and libertarian.
Byrd v. State
Held that a section of a law criminalizing homelessness in a bill about county financial statements violated single-subject requirements
Graham v. Adams
Rejected partisan gerrymandering claims as to congressional and state house districts
Gonzales v. Inslee
Upheld governor’s pandemic-era moratorium on rent-based evictions as not violating contracts, takings, court access, or separation of powers provisions
