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Torres v. Jai Dining Services
Held that clause prohibiting abrogation of right to recover damages from injuries does not extend to actions first recognized after that clause was adopted
Fitz-James v. Ashcroft
Ruled that the descriptions of six ballot initiative petitions to amend the state constitution to protect abortion rights were “insufficient and unfair.”
State v. Kizer
Ruled that residents are entitled to a trial by jury when the government seeks to confiscate their property through civil forfeiture process
Arkansas Department of Education v. Jackson
Held that emergency clause in legislation complied with constitution's procedural requirements
State ex rel. Candelaria v. Grisham
Ruled that the legislative branch controlled the funds disbursed to the state under the federal American Rescue Plan Act because the law left significant discretion to the states
In North Carolina, an Attempt to Overturn a Supreme Court Election
The losing candidate for a seat on the high court is trying to have more than 60,000 valid votes thrown out.
Are State Constitutional Clauses that Strengthen Gun Rights Relevant After Bruen?
States have continued to pursue amendments requiring strict scrutiny for gun restrictions even after the Supreme Court turbocharged the Second Amendment with an originalist approach.
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
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
State Court Oral Arguments to Watch for in February
Issues on the dockets include a fetal heartbeat law, police use of force, and academic freedom.
