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Search resuls for: "State Constitution"


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The court held that the Constitution imposes some limits on the way state courts interpret their own state constitutions. These limits also apply to the way state courts interpret state election statutes — as well as the way state election administrators apply state election statutes in federal elections. Yet the court offers no guidance, no standard at all, for lower courts to know when a state court has gone too far. Indeed, the court announced this constitutional constraint but avoided telling us even whether the North Carolina Supreme Court — in the decision the U.S. Supreme Court reviewed — had violated this vague limitation. But the state court interpreted general provisions in the state constitution — such as that requiring elections to be “free and fair” — to in effect ban partisan gerrymandering.
Persons: , Organizations: North Carolina, U.S, Supreme Locations:
The 6-3 decision, authored by conservative Chief Justice John Roberts, upheld a 2022 ruling by the North Carolina Supreme Court against the Republican legislators. Another state court replaced that map with one drawn by a bipartisan group of experts, and that one was in effect for the November 2022 elections. They contended that the state court usurped the North Carolina General Assembly's authority under that provision to regulate federal elections. The plaintiffs argued that the map violated the North Carolina state constitution's provisions concerning free elections and freedom of assembly, among others. Democratic President Joe Biden's administration argued against the Republican position when the U.S. Supreme Court heard arguments in the case in December.
Persons: John Roberts, Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch, Donald Trump's, Joe Biden's, Andrew Chung Organizations: U.S, Supreme, Republican, North Carolina Supreme Court, Conservative, . House, North Carolina Supreme, Democratic, North Carolina's Republican, North, North Carolina Republicans, North Carolina General, Thomson Locations: North Carolina, Legislative, U.S, American, North Carolina's
The North Carolina controversy arose after the state Supreme Court struck down the state’s 2022 congressional map as an illegal partisan gerrymander, replacing it with court drawn maps that favored Democrats. Reggie Weaver, at podium, speaks outside the Legislative Building in Raleigh, North Carolina, Feb. 15, 2022, about a partisan gerrymandering ruling by the North Carolina Supreme Court. Gary D. Robertson/APAfter the state high court ruled, North Carolina Republican lawmakers appealed the decision to the US Supreme Court, arguing that the state Supreme Court had exceeded its authority. After the last election, the North Carolina Supreme Court flipped its majority to Republican. With the US Supreme Court rejecting the lawmakers’ theory that state courts could not police federal election rules, lawyers for the legislature’s opponents celebrated Tuesday’s ruling.
Persons: Donald Trump, John Roberts, ” Roberts, Roberts, , , Brett Kavanaugh, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Barack Obama, ” Obama, Reggie Weaver, Gary D, Robertson, Tuesday’s, Neal Katyal, Today’s, court’s, Clarence Thomas, Neil Gorsuch, Samuel Alito, ” Thomas, Gorsuch, Thomas, , Jessica Ring Amunson, Sam Hirsch, Jenner, Hilary Harris Klein – Organizations: CNN, North Carolina, Independent, Chief, Federal, North Carolina Supreme, AP, North, North Carolina Republican, Supreme, North Carolina Supreme Court, Republican, US, Block, Southern Coalition for Social Justice Locations: North Carolina, Federal, Raleigh , North Carolina,
[1/2] Protesters gather inside the South Carolina House as members debate a new near-total ban on abortion with no exceptions for pregnancies caused by rape or incest at the state legislature in Columbia, South Carolina, U.S. August 30, 2022. REUTERS/Sam Wolfe/FILE PHOTOJune 27 (Reuters) - South Carolina's highest court on Tuesday appeared open to upholding a new state law banning abortion after about six weeks of pregnancy, months after it blocked a similar ban. That court ruled 3-2 in January that an earlier abortion law violated the right to privacy guaranteed by the state constitution. Both the earlier law and the newer law sought to ban abortion once a fetal heartbeat can be detected. Abortions are currently allowed in South Carolina through the first 22 weeks of pregnancy, one of the most permissive abortion laws in the region.
Persons: Sam Wolfe, Justice Kaye Hearn, Hearn, Justice Garrison Hill, Catherine Humphreville, William Lambert, John Few, John Kittredge, Catherine, Brendan Pierson, Alexia Garamfalvi, Alistair Bell Organizations: Carolina House, REUTERS, Planned, South Carolina Supreme, South, South Carolina's Republican, Justice, Democrat, Thomson Locations: Columbia , South Carolina, U.S, South Carolina's, South Carolina, New York
State legislatures will continue to be checked by state courts. Then-President Donald Trump and his allies helped elevate the once-fringe election theory in the wake of the 2020 presidential election. In effect, it meant that state legislatures could nullify their own state's presidential election results, disenfranchising potentially millions of Americans in the process. Roberts said that the high court's decision does not mean that state supreme courts have "free rein" in ruling on election laws. "We hold only that state courts may not transgress the ordinary bounds of judicial review such that they arrogate to themselves the power vested in state legislatures to regulate federal elections," he concluded.
Persons: John Roberts, Roberts, , Brett Kavanaugh, Amy Coney Barrett, Donald Trump, Michael Luttig, Luttig, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson, Clarence Thomas, Neil Gorsuch, Samuel Alito, Thomas, Moore, Harper, Harper I Organizations: Service, Trump, Biden, North Carolina, North, North Carolina Constitution Locations: North Carolina
The justices ruled on a 6-3 vote that the North Carolina Supreme Court was acting within its authority in concluding that the map constituted a partisan gerrymander under the state constitution. As a result of the North Carolina Supreme Court's ruling, that map is likely to tilt heavily toward Republicans. The North Carolina case was being closely watched for its potential impact on the 2024 presidential election. Republicans led by Tim Moore, the speaker of the North Carolina House of Representatives, invoked the theory after the state Supreme Court struck down the congressional district map in February of last year. Moore and other Republicans immediately asked the Supreme Court to reinstate the maps, saying the state court had overstepped its authority.
Persons: William Rehnquist, Gore, Republican George W, Bush's, Donald Trump, Tim Moore, Moore, John Eastman, Mike Pence, Joe Biden's, Biden's Organizations: Republicans, North Carolina, Democratic, Supreme, Republican, North Carolina House of, U.S, Democrats Locations: North Carolina, Bush, Carolina,
The Republican-led state is currently enforcing a near-total abortion ban, with exceptions for rape, incest or the life of the mother. MONTANA: Governor Greg Gianforte in May signed into law several bills limiting abortion access, including one that aims to overturn a 1999 state Supreme Court ruling that found the state constitution protected a right to abortion. TEXAS: While abortion is completely banned with very limited exceptions in Texas, Republican state representatives have introduced legislation that would compel internet providers to block websites that supply abortion pills or provide information on how to obtain an abortion. UTAH: Republican Governor Spencer Cox in March signed legislation to prohibit the licensing of abortion clinics, which abortion rights advocates say would effectively eliminate access in the state. In April, he also signed into law a bill to shield abortion providers and patients from other states' legal attacks.
Persons: Sam Wolfe, Roe, Wade, Ron DeSantis, Brad Little, Greg Gianforte, Jim Pillen, Roy Cooper's, Doug Burgum, Henry McMaster, Spencer Cox, Mark Gordon, Gretchen Whitmer, J.B, Pritzker, Tim Walz, Gabriella Borter, Sharon Bernstein, Julia Harte, Colleen Jenkins, Alistair Bell Organizations: Carolina House, REUTERS, U.S, Supreme, Republican, NORTH, Democratic, SOUTH, South Carolina Supreme Court, Senate, Minnesota, Thomson Locations: Columbia , South Carolina, U.S, FLORIDA, . IDAHO, MONTANA, . NEBRASKA, NORTH CAROLINA, North Carolina, NORTH DAKOTA, North Dakota, SOUTH CAROLINA, Carolina, TEXAS, Texas, UTAH, Utah . WYOMING, CALIFORNIA, MICHIGAN, ILLINOIS, MINNESOTA, OHIO, Washington, Sacramento , California, New York
The distance hurdle to abortion without Roe v. Wade
  + stars: | 2023-06-21 | by ( ) www.reuters.com   time to read: +4 min
One year without Roe v. Wade How access to abortion has changed The nearest abortion clinic became a lengthy journey for millions of peopleOne year ago on June 24, 2022, the Supreme Court overturned the landmark 1973 Roe v. Wade case that legalized abortion nationwide in the United States. When Roe v. Wade was overturned and states banned abortions, that number jumped almost 900 times to 16 million. The first map shows what the distance was when Roe v. Wade was in place and the second map shows what the distance is now, after Roe was overturned. The map on the left shows what the distance was in Guttmacher Institute’s “certain scenario” before Roe v. Wade was overturned. Two bar charts show that poverty and lack of healthcare both increase the farther one is from an abortion clinic with Roe v. Wade overturned.
Persons: Roe, Wade, Alan Braid, Andrea Gallegos, Braid, Gallegos, Evelyn Hockstein, Gretchen Whitmer Organizations: Guttmacher Institute, Reuters, Women’s Clinic, REUTERS, Alamo Women's Clinic, Guttmacher, Democratic Locations: United States, Alabama, Arkansas , Idaho , Kentucky, Louisiana , Mississippi , Missouri, North Dakota , Oklahoma, South Dakota , Tennessee , Texas, West Virginia, Wisconsin, Texas, Louisiana, San Antonio , Texas, Tulsa , Oklahoma, New Mexico, Illinois, Albuquerque , New Mexico, Oklahoma, Idaho , Nevada, Utah, California, In Michigan, Guttmacher
“This case has received national attention because it has been billed or perceived as a referendum on climate change generally,” he said. Attorneys for the state said during the trial that the youth had failed to target a specific policy upon which real relief could be granted. They said the primary policy targeted by the lawsuit, the Montana Environmental Policy Act, is a “procedural” law that does not mandate specific outcomes. The trial included testimony from the youth plaintiffs who claimed the state’s policies are contributing to extreme heat and drought, shrinking the state’s famed glaciers and worsening wildfires. The case is Held v. Montana, Montana First Judicial District Court, No.
Persons: Kathy Seeley, Nate Bellinger, Seeley, Michael Russell, hadn't, , Claire Vlases, Julia Olson, Roger Sullivan, Melissa Hornbein, Michael Russell of, Mark Stermitz, Crowley Fleck, Clark Mindock Organizations: U.S, Montana Department of, McGarvey, Western Environmental Law, Montana Department of Justice, Montana Youth, Thomson Locations: State, Montana, Helena, . Montana , Montana, Hawaii
June 19 (Reuters) - Abortion rights advocates and opponents are set to mark this week's one-year anniversary of the U.S. Supreme Court's decision to overturn the landmark 1973 Roe v. Wade ruling that had legalized the procedure nationwide with events to rally voters and highlight the ongoing fights over access. Abortion rights supporters did manage in some states to fight off new proposed restrictions or codify abortion protections. Strategists in both parties have attributed Democratic strength at the polls at least in part to higher support from women who back abortion rights. Democratic President Joe Biden, an abortion rights supporter, is seeking re-election. The biggest expansions of abortion rights over the past year occurred in states including Michigan and Minnesota where Democrats control both the legislature and the governor's office, Reynolds said.
Persons: Roe, Wade, Rachel Carmona, we've, Carmona, Kamala Harris, Harris, Susan B, Anthony Pro, White, Kellyanne Conway, Emily Osment, Conway, Donald Trump, Osment, Joe Biden, Christina Reynolds, Glenn Youngkin, Reynolds, NARAL, Ryan Stitzlein, Stitzlein, Julia Harte, Will Dunham, Colleen Jenkins Organizations: U.S, Republican, House, America, Republicans, Democratic, Reuters, Delegates, Thomson Locations: U.S ., Washington, Charlotte , North Carolina, Virginia, Southern, Michigan, Minnesota, Ohio, New York
The NewsA legal attempt to ban abortion in Iowa after six weeks of pregnancy failed on Friday, after the State Supreme Court deadlocked over whether to vacate a lower court’s injunction and allow the ban to take effect. That means abortion will remain legal in Iowa through 20 weeks of pregnancy. Iowa’s 2018 law was blocked by a district judge, who cited an Iowa Supreme Court decision holding that the State Constitution provided a fundamental right to abortion — a decision that was later reversed. But the district court said no, setting the stage for the Iowa Supreme Court to hear the case. The higher court, whose members are all Republican appointees, deadlocked 3-3 on Friday, letting the lower court’s injunction stand.
Persons: Roe, Wade, , Rita Bettis Austen, Chris Schandevel, Kim Reynolds, , today’s, , Reynolds Organizations: Defending, Republican, U.S, Supreme, Iowa Supreme, Iowa Locations: Iowa, Roe
CNN —A landmark youth climate trial is playing out in Montana, as more than a dozen young plaintiffs aged 5 to 22 said they are already being hurt by climate change-fueled wildfires, drought, reduced snowpack and impacts to wildlife. It is the first youth climate case to make it to trial in the United States, even as several others are working their way through the court system. Still, the ruling could set an important legal precedent for upcoming youth climate cases in various stages. The Montana plaintiffs first filed their case three years ago, while the Juliana case was first filed in 2015. “I know that climate change is a global issue, but Montana needs to take responsibility for our part of that,” plaintiff Rikki Held, 22, testified.
Persons: , Michael Russell, Sariel Sandoval, Kathy Seeley’s, Seeley, Juliana, general’s, Rikki Held Organizations: CNN, United Locations: Montana, United States, Helena , Montana, ” Montana, Bitterroot, Upper Pend d’Oreille, Diné
In Montana, 16 young residents are suing the state over its support of the fossil-fuel industry. They argue Montana is violating their right to a clean environment as laid out in its constitution. The suit is the first constitutional case on climate change to go to trial in the US. The Montana suit, Held v. Montana, is remarkable for being the first constitutional case on climate change to reach trial in the US. It's highlighting the effect that climate change has on young people."
Persons: Busse, Michael Gerrard, William Campbell, Gerrard, Columbia's Sabin, Mica Kantor Organizations: Service, Columbia Law School, Climate Change Locations: Montana, Helena, . Montana, Missoula
Climate change trial pits youths against Montana
  + stars: | 2023-06-12 | by ( Clark Mindock | ) www.reuters.com   time to read: +3 min
They hope that would set an important precedent and encourage lawmakers in the state capital to take greater action to fight climate change, according to their lawyers. Lead plaintiff Rikki Held, 22, testified that climate change has already led to severe conditions on her family's ranch in eastern Montana. And the youth are not challenging policies that would, if invalidated, meaningfully change the state's impact on the climate, Stermitz said. Attorneys for the state had repeatedly attempted to have the case tossed before trial, arguing climate change is an issue best addressed through the political process, not in courtrooms. The case is among several constitutional climate cases on behalf of youth plaintiffs across the U.S., and is the first of those to head to trial.
Persons: Roger Sullivan, Kathy Seeley, Sullivan, Rikki Held, Mark Stermitz, Stermitz, Seeley, Clark Mindock, Alexia Garamfalvi, Bill Berkrot Organizations: Thomson Locations: Montana, Helena, U.S
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Persons: Dow Jones
A lawsuit brought against the state of Montana by a group of kids heads to trial on Monday. The outcome has the potential to set an important precedent in the fight against climate change. "We've seen repeatedly over the last few years what the Montana state Legislature is choosing," Gibson-Snyder said. He argued climate change could ultimately benefit Montana with longer growing seasons and the potential to produce more valuable crops. A ruling in favor of the Montana plaintiffs could have ripple effects, according to Philip Gregory, Our Children's Trust attorney.
Persons: Grace Gibson, Snyder, she's, We've, Gibson, Austin Knudsen, Kathy Seeley, Seeley, Jim Huffman, Huffman, Terry Anderson, Anderson, Philip Gregory, Gregory said, John Roberts, Julia Olson, Jonathan Adler, Adler, I've Organizations: Service, Republican, Gibson, Montana's Constitution, Montana Attorney, Lewis & Clark Law School, Trust, U.S, Supreme, Lawmakers, Case Western Reserve University, Yale University Locations: Montana, U.S, Missoula, Montana's, Pennsylvania, Massachusetts, New York, Portland , Oregon, Helena, Hawaii, Oregon, Montana and Oregon, Cleveland, New Haven , Connecticut
Why It MattersOklahoma is among a number of Republican-led states that moved to ban abortion in anticipation of the U.S. Supreme Court’s decision to overturn Roe v. Wade last year. Legal challenges were quick to follow, and many cases ended up before state supreme courts. Those courts have become critical arbiters in deciding abortion access, and a new political front in the nation’s abortion battles. In some conservative states, courts have decided that their state constitutions protect abortion rights. Doctors in other states with abortion bans said they have struggled to provide care for patients without breaking the law.
Persons: Roe, Wade, , Rabia, , ” Gentner Drummond, Emily Wales Organizations: Oklahoma, Republican, U.S, Center for Reproductive Rights, Reproductive, State of, Planned Locations: U.S ., Oklahoma City, Tulsa, Texas, Oklahoma, State, State of Oklahoma
Roy Cooper said on Monday that the state's education system is in a "state of emergency." Roy Cooper declared a "state of emergency" for its education system on Monday. "Public education powers our workforce, builds our businesses, and boosts our communities. "The current General Assembly is considering extreme legislation that would cripple our public education system." Instead, use public money for public schools."
South Carolina advances 6-week abortion ban
  + stars: | 2023-05-18 | by ( ) www.reuters.com   time to read: +3 min
The measure, which passed mostly along party lines with a vote of 82 to 33, is a heavily amended version of a ban that the state Senate passed in February. It failed then because House Republicans wanted to instead push through a near-total abortion ban, which five women in the state Senate banded together to block. A similar six-week ban passed last year was ruled unconstitutional by the South Carolina Supreme Court in January. South Carolina is one of several U.S. states where Republican lawmakers are considering aggressive abortion restrictions this week over strong Democratic opposition. Some of the state senators who supported it originally have expressed opposition to the House version, leaving its fate uncertain.
South Carolina House Passes Six-Week Abortion Ban
  + stars: | 2023-05-17 | by ( Kate Zernike | ) www.nytimes.com   time to read: +2 min
His approval, if granted, would dramatically reduce abortion access for women in the state and across the region. Most Southern states have passed abortion bans since the Supreme Court’s decision to overturn Roe v. Wade last June. But because the South Carolina legislature has not been able to agree on the terms of a ban, the state still allows abortion up until 22 weeks of pregnancy. BackgroundThe bill will test a South Carolina Supreme Court ruling in January, which found a right to abortion in the state Constitution and struck down a previous six-week ban. Henry McMaster, a Republican who supports a six-week ban, called the Senate into its own special session next week to debate the House version of the bill.
In North Carolina, the Republican-controlled state Senate voted to override Democratic Governor Roy Cooper's veto of a bill banning most abortions after 12 weeks. The state House was expected to override the veto later on Tuesday evening. Near-total abortion bans have taken effect in 14 states since the Supreme Court ruling, according to the Guttmacher Institute, an abortion rights advocacy research group. The bill under consideration by the state House on Tuesday was a heavily amended version of that measure. Democratic lawmakers last week filed 1,000 amendments to the House version, ensuring that debate would last for dozens of hours, since lawmakers may speak for six minutes for and against each amendment.
Supporters and opponents of a GOP-backed measure that would make it harder to amend the Ohio constitution packed the statehouse rotunda last week in Columbus, Ohio. Photo: Samantha Hendrickson/Associated PressLawmakers in Republican-led states are backing measures to make it harder for voters to amend state constitutions, as partisan fights play out over abortion access and other issues. Momentum behind such bills has reached new levels since the Supreme Court overturned Roe v. Wade last June. Lawmakers this year have been explicit in making the ballot-initiative issue a proxy war on abortion access.
DeSantis signed a bill into law that will hide his travel records from public view. DeSantis signed the bill into law unceremoniously on Thursday afternoon, among more than 35 other bills. The security argument was nonsensical to Ben Wilcox, research director and co-founder of the good government organization Integrity Florida, given that the new law will apply to past travel records. "It strains credulity to suggest that hiding travel records could somehow prevent a security breach in the future," Wilcox told Insider. Another elections related bill is headed for DeSantis that will allow him to maintain his seat as governor while running for president.
May 10 (Reuters) - Republican vulnerabilities on abortion policy are on display in Ohio, with the party playing defense against a surge in abortion rights activism that could help President Joe Biden and his Democratic Party in next year's elections. Abortion rights advocates have racked up electoral victories, lifting Democrats along the way, since the Supreme Court struck down the national right to abortion last year. Ohio Republicans passed a six-week state abortion ban in 2019, but that law is blocked while litigation proceeds. In Republican-leaning Kentucky, abortion rights activists are already knocking on doors ahead of November's gubernatorial election, when Democrat Andy Beshear is seeking another term. Senate President Matt Huffman has made clear the measure is aimed at the abortion rights amendment.
Being in a teacher's union in Florida just got harder. The system would replace the current arrangement, widely used in unions across the US, in which teacher union dues get automatically deducted from their paychecks. On average, roughly 60% of teachers in Florida are paying dues toward their unions, shows a Florida Senate analysis. The signings represent a win for DeSantis, who has battled teacher's unions since the COVID pandemic and first proposed the change to union dues in December 2022. Florida comes in at 48th in the nation for average teacher salaries, according to the National Education Association, the state's largest teacher's union.
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