News & Analysis as of

Supreme Court of the United States State Constitutions

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Bond Schoeneck & King PLLC

Religious Charter Schools Continue to be Impermissible…for Now

The State of Oklahoma has a charter school law similar in many respects to New York’s Charter Schools Act. Like in New York, Oklahoma charter schools are authorized by a state board via charter agreements between the state...more

Baker Donelson

The Supreme Court Declines to Require Religious Charter Schools

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In a one-sentence, 4-to-4 per curiam decision, the Supreme Court upheld the Oklahoma Supreme Court's ruling that approval of a religious school's participation in the state's charter school program would violate the...more

Rumberger | Kirk

Supreme Court Denies First Religious Charter School, Leaves Question Over Constitutionality Unresolved

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On May 22, 2025, the United States Supreme Court issued a one-sentence order affirming the judgment of the Oklahoma Supreme Court in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond, and St....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Wisconsin Court of Appeals Finds Taxpayer-Funded College Grant Program to Be Unconstitutional

On February 26, 2025, the Wisconsin Court of Appeals, District II, determined that a program that provided taxpayer-funded educational grants to financially needy students of specific racial, national origin, and ancestry...more

Holtzman Vogel Baran Torchinsky & Josefiak

New Hampshire Supreme Court Holds That Partisan Gerrymandering Is a Nonjusticiable Political Question Under the State Constitution

On November 29, 2023, the Supreme Court of New Hampshire decided Brown v. Secretary of State, a 3–2 decision that held that partisan gerrymandering (the act of drawing voting districts in a way that favors one political party...more

BakerHostetler

Supreme Court of Georgia Upholds 6-Week Abortion Law

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The Supreme Court of Georgia issued an opinion reversing the Superior Court of Fulton County’s 2022 ruling that Sections 4 and 11 of the Georgia LIFE Act (the Act) were void ab initio....more

Troutman Pepper Locke

US Supreme Court Stays Order Upholding State Gaming Compact Giving Florida Seminole Tribe Exclusive Sports Betting Rights

Troutman Pepper Locke on

In an interim order, the U.S. Supreme Court has temporarily stayed an order by the D.C. Circuit Court of Appeals upholding a gaming compact between the state of Florida and the Seminole Tribe of Florida, which would allow the...more

Snell & Wilmer

SCOTUS Rejects the Independent State Legislature Theory

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In what some deem the “800-pound gorilla” of election law, the U.S. Supreme Court, on June 27, 2023, rejected the so-called independent state legislature theory in Moore v. Harper. By a vote of 6-3, the Supreme Court held...more

Epstein Becker & Green

Another Election Law Blockbuster: Moore Is Alive, but Independent State Legislature Theory Is Not – SCOTUS Today

Epstein Becker & Green on

As the end of the term approaches, the Court is increasingly divided in its decisions. However, the composition of the majorities is not often the 6-3 conservative/liberal division stereotype that many observers, critics, and...more

Akerman LLP - Health Law Rx

Important Update: Georgia Abortion Law Remains in Effect Until Judicial Review

Ruling on the State of Georgia’s November 18, 2022 Emergency Petition for Supersedeas, this past Wednesday (November 23, 2022) the Georgia Supreme Court enjoined the lower court’s decision thereby reinstating the prohibitions...more

Foley & Lardner LLP

A Post Roe World: California’s response to Dobbs v. Jackson Women’s Health

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In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health, California has taken significant steps to ensure continued ability to access abortion care in the state, and making additional funds available to...more

Morgan Lewis

Evolving Laws and Litigation Post–Dobbs: The State of Reproductive Rights as of August 23

Morgan Lewis on

Litigation over the effectiveness of various state abortion laws and state legislative efforts continues as we near two months after the US Supreme Court’s Dobbs ruling. The last of the state trigger laws are set to go into...more

BakerHostetler

Florida Reexamines Abortion Rights Under Its State Constitution Post-Dobbs

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According to statistics published in U.S. News & World Report, Florida has the fifth-highest rate of abortions performed per 1,000 women among all 50 states, and it trails only California and New York in the actual number of...more

Womble Bond Dickinson

United States Supreme Court Sending Chilling Messages for Future of the Voting Rights Act and Redistricting Challenges

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For 57 years, the Voting Rights Act has served as a remarkably effective bulwark against state-level attempts to restrict voting rights, particularly for Black and minority voters. But voting rights are under attack in state...more

Ward and Smith, P.A.

In the Agribusiness Industry? Don't Miss These Three Legal Developments to Keep an Eye On

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The North Carolina Chamber of Commerce is an avid advocate for the economic health and well-being of agribusiness and agriculture in the State through its lobbying efforts, resources available on its website, and through its...more

BCLP

District Court Says Supreme Court Ruling on Standing in Class Actions Does Not Apply to Privacy Claims

BCLP on

On June 25, 2021, the Supreme Court issued an important decision on Article III standing in class actions that will have a significant impact on the way class actions are certified - and will likely scuttle numerous ...more

ArentFox Schiff

Major Retailer Locks Horns with Texas Over “Discriminatory” Liquor Laws

ArentFox Schiff on

In a lawsuit filed on June 29, 2021, in Texas state court, a major national retailer alleges that a Texas law restricting its retail locations from selling liquor to consumers violates the Texas Constitution. The retailer is...more

Dorsey & Whitney LLP

The Supreme Court - December 10, 2020

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Rutledge v. Pharmaceutical Care Management Assn., No. 18-540: Arkansas’ Act 900 regulates the price at which pharmacy benefit managers (“PBMs”) reimburse pharmacies for the cost of drugs covered by prescription-drug plans....more

Bricker Graydon LLP

A new Supreme Court case makes EdChoice challenges more difficult

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On June 30, 2020, the U.S. Supreme Court issued its opinion in Espinoza v. Montana Department of Revenue, which has potential ramifications for public schools across the country that are losing money when students attend...more

Husch Blackwell LLP

Supreme Court Rules On Religious Schools Case: Espinoza v. Montana Department Of Revenue

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On June 30, 2020, the Supreme Court, in Espinoza v. Montana Department of Revenue, ruled that states must allow religious schools to participate in programs that provide scholarships to students attending private schools. ...more

Stoel Rives LLP

U.S. Supreme Court Affirms Religious Freedom in Government Benefits and Employment Decisions

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In three cases this term, the U.S. Supreme Court has affirmed the freedom of religious institutions to access government benefits and to make employment decisions....more

Franczek P.C.

U.S. Supreme Court Holds That Prohibiting Government Aid to Private, Religious Schools Runs Afoul of the Constitution

Franczek P.C. on

Recently, the U.S. Supreme Court issued its decision in Espinoza v. Montana Department of Revenue, which held that a State’s decision to bar aid to religious schools violates the Free Exercise Clause of the U.S. Constitution....more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court Decision in Espinoza v. Montana Department of Revenue Confirms Availability of Municipal Bond Financing for...

Historically, the ability of a governmental conduit issuer to issue bonds to facilitate a financing for a religious organization or a religiously affiliated school, university, senior housing facility or other nonprofit...more

Seyfarth Shaw LLP

US Supreme Court Landmark Decision Prohibits States from Limiting Aid to Religious Schools That is Available to Secular Schools

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In another high-profile 5-4 decision, the majority of the United States Supreme Court ruled on June 30 in Espinoza v. Montana Department of Revenue that Montana’s Supreme Court violated the U.S. Constitution when it struck...more

Holland & Knight LLP

U.S. Supreme Court: Excluding Religious Schools from a Scholarship Program Is Unconstitutional

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In Espinoza v. Montana Department of Revenue, No. 18-1195, 2020 WL 3518364 (June 30, 2020), the U.S. Supreme Court ruled that Montana could not exclude religious schools from a tax credit scholarship program on the grounds...more

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