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Delgado v. State
Upheld statute creating commission to recommend increases to official salaries as a valid assignment of powers by legislature, satisfying requirements to fix “by law” legislative compensation and separation of powers
SCOTUS Allows Emergency Abortions in Idaho — For Now
Litigation over exceptions to abortion bans to preserve the life and health of pregnant people is also pending in multiple state courts.
State v. Gleason
Overruled precedent to abandon abatement ab initio doctrine in light of Louisiana Constitution’s guarantees to victims including right to seek restitution
State v. Ralston
Ruled no causal connection between delay in bringing defendant to trial and destruction of police booking video evidence to find violation of defendant’s right to a speedy trial
State v. Larson
Ruled that adult foster care group home manager was not a state actor when providing defendant’s confiscated electronic devices to the police and had third-party authority to consent to a warrantless seizure
State v. White
Ruled erroneous prosecutorial comments during trial violated state constitution’s due process and right against self-incrimination provisions
Eric Ruben
Eric Ruben is an associate professor of law at SMU Dedman School of Law and a fellow at the Brennan Center.
SCOTUS’s Review of Ban on Trans Health Care Highlights Need for State Litigation
Even if the U.S. Supreme Court decides that bans on gender-affirming care for trans youth are constitutional, state courts can strike down such laws under state constitutions.
SCOTUS’s 2nd Amendment Decision Leaves Open Questions for State Courts
The U.S. Supreme Court upheld the disarmament of a domestic abuser in United States v. Rahimi, but litigation over where to draw the line will continue.
State v. Diaz-Tomas
Ruled district attorney cannot be compelled by defendant or court to reinstate charges without infringing on their exclusive constitutional and statutory authority and discretion to prosecute
