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The Latest Breaking News from State Law

The Source of Law in Tyler v. Hennepin County

a sub silentio invocation of the general law and positive law approaches

Reason

Oklahoma’s Supreme Court struck down two abortion bans. But a 113-year-old law is severely restricting access

A state law from 1910 threatens abortion providers with a felony punishable up to five years in prison, writes Alex Woodward

The Independent UK

Republican Virginia Gov. Glenn Youngkin sends 100 National Guard soldiers to US-Mexican border

Virginia’s Glenn Youngkin is joining the list of Republican governors sending soldiers or other state law enforcement officers to the U.S. border with Mexico

The Independent UK

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Inside the NIL Battle That Is Splintering the SEC: ‘We’re All Money Laundering’

Within the 11-state footprint of the country’s most dominant league, some schools have worked with state lawmakers to rewrite statutes to give them an advantage over neighboring programs.

Sports Illustrated

An effort to ban faculty tenure in public universities has failed in the Texas Legislature

The state Senate originally passed a bill to ban tenure, but on Saturday it approved the House’s counterproposal, which enshrines tenure in state law.

The Texas Tribune

Attorney General Ken Paxton faces impeachment. Here’s how that works in Texas.

The Texas Legislature has never removed an attorney general. If the House votes to impeach, the Senate will hold a trial.

The Texas Tribune

Major Unanimous Supreme Court Victory for Property Rights in Tyler v. Hennepin County

The Supreme Court ruled that home equity theft qualifies as a taking, and that state law is not the sole source for the definition of property rights. The ruling is imprecise on some points, but still sets an important and valuable precedent.

Reason

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Future of university tenure in Texas likely will be decided in last-minute negotiations

The Texas Senate wants to ban tenure. The House gave initial approval Monday to a bill that would instead enshrine tenure policies in state law. After final passage, the two chambers have a week left to come to a compromise.

The Texas Tribune

Texas bill would preserve UT-Austin’s admissions policies if U.S. Supreme Court strikes down affirmative action

State lawmakers passed legislation that would ensure the UT flagship can continue to cap the number of students it automatically admits because of their academic achievement at 75%, giving the university room to accept other students using different criteria.

The Texas Tribune

Montana governor signs law to define 'sex' as only male or female

Montana's governor has signed a bill to define the word “sex” in state law as only male or female

The Independent UK

State lawmakers eye forced treatment to address overlap in homelessness and mental illness

Many of the unhoused people in Portland, Oregon, live in tents pitched on sidewalks or in aging campers parked in small convoys behind grocery stores.

Tribune News Service

Protest penalties, including jail time and $50k fines, prompt backlash from human rights groups

In the wake of Extinction Rebellion demonstrations in the heart of Adelaide this week, proposed changes to a law relating to public protest are generating a chorus of opposition from unions and human rights groups.

ABC News

A boat from Cuba arrived in the Florida Keys, breaking a lull

MIAMI — Migrant landings, a daily occurrence in the Florida Keys only a few months ago, have dwindled recently because of an increase in federal and state law enforcement patrolling the waters surrounding the island chain.

Miami Herald

With clock ticking on legislative session, Texas Democrats delay debate on university tenure bill

The Senate wants to eliminate tenure altogether while the House seeks to enshrine it in state law. The two chambers have until May 26 to come to an agreement.

The Texas Tribune

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The Independent UK

Why a drug decriminalization crisis looms for Washington state lawmakers

Lawmakers in the state of Washington are going into special session hoping to avert a crisis over the decriminalization of drugs

The Independent UK

'Affront to democracy,' Mississippi resident says of appointing judges where most are elected

Three residents of Mississippi’s capital city say their rights are undermined by a new state law that would create a court inside Jackson with judges who are appointed

The Independent UK

North Dakota governor signs law protecting tribal adoptions

North Dakota’s Republican Gov. Doug Burgum has signed a law that protects tribal cultures by codifying the federal Indian Child Welfare Act into state law

The Independent UK

Oregon GOP boycott: most bills have high reading score

Republicans blocking bills about abortion, gun control and gender-affirming healthcare in Oregon this week are basing their boycott on an obscure, 44-year-old state law that requires bill summaries to be written at the reading level of an 8th- or 9th-grader

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The Independent UK

Hard to read? Oregon GOP boycott comes down to reading level

WEKU

As fentanyl deaths surge, some state lawmakers push back against 'harm reduction'

The Biden administration is embracing health care efforts designed to reduce the deadly impact of fentanyl addiction, but many state legislatures are resisting the "harm reduction" approach.

Chicago Sun-Times

Downstate Danville backs abortion pills ban, defying legal risks

The city council bans shipping and mailing of abortion pills in a vote Tuesday in defiance of state law protecting the procedure. Abortion advocates are mulling a challenge.

The Independent UK

Utah judge delays implementing statewide abortion clinic ban

A Utah judge has ruled that the state law banning abortion clinics cannot take effect on Wednesday as scheduled amid a lawsuit filed by the state’s largest abortion provider

Reason

"State Regulation of Online Behavior: The Dormant Commerce Clause and Geolocation"

Jack Goldsmith's and my article with this title is now out in the Texas Law Review, as is David Post's response (many thanks for writing that, David!). Many of our readers are already familiar with it from when I serialized it here several months ago; but here's the Introduction: Many…

The Independent UK

Florida GOP set to remove hurdle to DeSantis White House bid

Florida Republicans are poised to change state law to allow GOP Gov. Ron DeSantis to run for president without having to leave office

Tribune News Service

New rule threatening Missouri library funding over ‘obscene’ kids books is approved

Despite strong opposition, Missouri Secretary of State Jay Ashcroft’s new rule governing libraries will go into effect later this spring, threatening public libraries’ state funding over providing minors with books deemed pornographic or obscene.

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