Friday, November 06, 2015
"Will State Courts Fill a Void on Voting Rights? As the U.S. Supreme Court backs away from protecting the right to vote, state judges are looking toward their constitutions." Law professor Joshua A. Douglas has this essay online today at The Atlantic.
Josh Douglas may be the strongest advocate these days of state constitutionalism in election law.
I was just reading an Indiana free speech decision where my friend Ken Falk lost unanimously, because there's a recent federal precedent. It might be just as well in that case that he didn't also raise state constitutional arguments, but it's generally bad practice not to.
Supreme Court: Personalized license plates are government speech; Indiana Supreme Court justices agreed with the BMV that personalized license plates are a form of government speech, not a person's speech protected by the First Amendment." Kristine Guerra of The Indianapolis Star has this news update.
And The Associated Press reports that "Indiana Supreme Court rules against officer's '0INK' plate."
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