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State and Local Government Constitutional Challenges State Legislatures

Cozen O'Connor

Illinois Insights: An update from Cozen O'Connor (6/23)

Cozen O'Connor on

Here's why Illinois Republican lawmakers sued Democrat leaders -“Republican lawmakers in Illinois filed a lawsuit in Sangamon County on June 17, arguing that the Democratic Majority passed a special interest proposal...more

Ice Miller

Unpacking Major Hemp Litigation Matters: From California to Virginia

Ice Miller on

In 2018, Congress enacted the Agricultural Improvement Act of 2018, referred to as the 2018 Farm Bill, legalizing the production and sale of hemp-derived cannabinoids at the federal level. Since doing so, the sale of food and...more

Goodwin

Prescription Drug Affordability Review Boards - 2025 Update

Goodwin on

Prescription Drug Affordability Boards (PDABs) are becoming a larger part of the state drug price regulatory landscape. The boards are regulatory bodies that review the affordability and cost of specific prescription drugs. ...more

Cozen O'Connor

Illinois Insights: An update from Cozen O'Connor (4/23)

Cozen O'Connor on

Longtime Illinois U.S. Sen. Dick Durbin won’t seek reelection - “Democratic U.S. Sen. Dick Durbin will not seek a sixth term next year, confirming to WBEZ in an Illinois exclusive that he will leave office in 2027 in a...more

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - April 7 2025

Husch Blackwell LLP on

Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more

Allen Matkins

California - Not Independent Now And Most Likely Not Independent Ever

Allen Matkins on

I have seen the line "Independence now, independence forever!" attributed to Daniel Webster but I have been unable to locate the line in any of the texts cited as the source.  I have also seen a longer quotation attributed to...more

Morrison & Foerster LLP - Class Dismissed

A New Era of Climate Accountability: State Climate Superfund Laws Gain Momentum

As climate adaptation and mitigation costs escalate, a wave of state climate superfund legislation is emerging across the United States. This novel approach to climate accountability, pioneered by Vermont and New York,...more

Winthrop & Weinstine, P.A.

Legislative Top 5 - January 2025

What’s a Quorum? When Secretary of State Steve Simon convened the Minnesota House of Representatives at Noon on Tuesday, January 14, 67 Republicans were in attendance but the 66 DFLers were notably absent. DFLers...more

McDermott Will & Schulte

California Legislator Considers Digital Advertising Tax

Senator Steven Glazer, chair of the California State Senate Revenue and Tax Committee, is treating data like the next gold rush and taking bold steps to mine this new vein of wealth with his proposed “Digital Data Extraction...more

Pillsbury - SeeSalt Blog

Got Remote Workers? Supreme Court of Ohio Upholds Pandemic Rule for Municipality Tax

The Supreme Court of Ohio has held the Ohio legislature did not violate the Due Process Clause of the U.S. Constitution by directing an Ohio citizen to pay taxes to the municipality where the employee’s principal place of...more

Harris Beach Murtha PLLC

New York State Commission on Ethics and Lobbying in Government Declared Unconstitutional

Harris Beach Murtha PLLC on

The New York State Supreme Court has held the New York State Commission on Ethics and Lobbying in Government (the “commission”) is unconstitutional in violation of the separation of powers. The ruling comes in Cuomo v. New...more

Troutman Pepper Locke

Legal Cannabis on Trial: Federal Preemption and Connecticut’s Cannabis Challenge

Troutman Pepper Locke on

On August 9, a lawsuit was filed in Connecticut that aims to stop all legal cannabis activity in the state and declare the state’s 2021 legalization framework as unconstitutional. The complaint, filed by a local homeowners...more

Steptoe & Johnson PLLC

Ohio Supreme Court Finds Portion of 2005 Ohio Tort Reform Legislation Unconstitutional as Applied to Permanent and Severe...

Steptoe & Johnson PLLC on

Almost 20 years ago, in 2005, the Ohio General Assembly passed tort reform legislation. Unlike previous attempts at tort reform in Ohio, this one survived constitutional challenge. Among other things, the legislation capped...more

Bradley Arant Boult Cummings LLP

High Cotton: The Emergence of a Southern Cannabis Industry

When Neil Young wrote that “Southern change gonna come at last,” he wasn’t talking about cannabis— but he might as well have been in light of the recent and extraordinary developments in the cannabis industry in the southern...more

Bass, Berry & Sims PLC

States Have Joined the Fight to Challenge the Government Contractor Vaccine Mandate

Bass, Berry & Sims PLC on

At the end of October 2021, four complaints were filed by almost 20 states challenging the government contractor vaccine mandate. While some have suggested that these states, led by Republican governors, filed the suits for...more

Bass, Berry & Sims PLC

Kansas Court Rules No-Surcharge Statute Unconstitutional

Bass, Berry & Sims PLC on

The U.S. District Court, District of Kansas recently ruled in CardX, LLC v. Schmidt, that Kansas Statute Annotated § 16a-2-403, which prohibits merchants from imposing a surcharge on customers who elect to pay via credit...more

(ACOEL) | American College of Environmental...

Extending Fundamental Rights to Lake Erie?

An interesting legal battle is playing out in the United States District Court for the Northern District of Ohio over whether the City of Toledo’s establishment of a “Lake Erie Bill of Rights” passes constitutional muster. ...more

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