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State Courts Can and Should Do More to Protect Voters
State constitutional clauses collectively elevate the status of voters as a group, giving state courts a strong reason to use a separation of powers analogy against efforts to curtail voting rights.
Rodriguez v. Massachusetts Parole Board
Ruled the right to a meaningful opportunity for parole applies to all juveniles sentenced to life without parole and affords judicial review of only one parole denial
Derek Clinger
Derek Clinger is a senior staff attorney for the State Democracy Research Initiative at University of Wisconsin Law School.
Wisconsin’s Legislative Vetoes Go to Court
The Wisconsin Supreme Court is set to decide whether a legislative committee can override executive branch decisions.
McDonald v. Jacobsen
Ruled that a legislative referendum requiring that supreme court justices be elected by district, rather than statewide, violates the state constitution
Nath v. Texas Children's Hospital
Dissent would have granted petition for review to determine whether party had a fundamental constitutional right to a jury trial on the issue of an attorney-fee-shifting sanction
Planned Parenthood of Montana v. State (Planned Parenthood 1)
Ruled that providers made a prima facie case that the State’s ban on abortions within twenty weeks is incompatible with the state constitution
Adobe Whitewater Club of New Mexico v. New Mexico State Game Commission
Ruled regulations closing access to public water unconstitutionally limits public’s right to recreate and fish in public waters
Fann v. Kemp
Held that legislative privilege protects senate communications regarding audit of 2020 election from disclosure, as audit was a legislative, not administrative or political, matter
State v. Collins
Ruled second degree harassment statute is not unconstitutionally overbroad so long as it applies to a limited core of unprotected conduct and communication
