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The Latest Breaking News from State Law

Federal court says California ban on private ICE detention facilities is unconstitutional

LOS ANGELES — A California law banning private prisons and immigrant detention facilities in the state violates the U.S. Constitution when applied to facilities operated on behalf of U.S. Immigration and Customs Enforcement, a federal appellate court ruled Monday.

Los Angeles Times

Michael Hiltzik: The fast-food industry gears up to kill another pro-worker state law

Political PR and advertising firms in California are going to owe Gov. Gavin Newsom a huge favor. That's because by signing the so-called Fast Recovery Act on Sept. 5, he opened the door to what could be hundreds of millions of dollars in spending by fast-food companies to kill it.

Los Angeles Times

DOJ's reproductive rights group is watching for state changes that violate federal law

The Justice Department is leading an effort to monitor changes in state law after the Supreme Court overturned the constitutional right to abortion.

WEKU

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Ron DeSantis sued to prevent further migrant flights

DeSantis’s office dismisses the lawsuit as political posturing.

The Independent UK

Lawsuit: California utility targeted Asians in pot searches

A data privacy watchdog's lawsuit says a Northern California utility routinely fed customers’ power use information to police so they could target illicit marijuana grows, without requiring a warrant or suspicion of wrongdoing

The Independent UK

DOJ says states can't penalize VA doctors and nurses for abortions allowed by federal law

It's the Biden administration’s latest effort to protect abortion access by arguing that federal law preempts state law.

Axios

Indiana abortion ban blocked by judge, temporarily pausing law

The judge’s ruling determined that a ban unconstitutionally burdens Indiana residents’ rights

The Independent UK

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First Amendment Limits on State Laws Targeting Election Misinformation, Part IV

First Amendment implications for state laws targeting election speech.

Reason

Five measures that would change the initiative process are on the ballot in 2022

In November, there are a total of five measures on the ballot related to the initiative process. A ballot initiative is a way that citizens can propose, amend, or repeal a state law or constitutional provision by collecting signatures from registered voters. Successful signature drives result in an initiative being…

Ballotpedia

California workers won't have to worry about being fired, or not hired, for off-the-clock marijuana use

It will soon be illegal for California employers to let workers' offsite and outside-of-work marijuana use be a factor in hiring or firing decisions, according to a new state law.

Los Angeles Times

Lawsuit filed after police refuse to release some documents to woman in San Diego State gang-rape case

SAN DIEGO — The lawyer for the young woman who said three former San Diego State University football players raped her at a party last year filed a lawsuit this week accusing the city of failing to release documents that he says should have been given to his client under…

Tribune News Service

A judge temporarily blocks an Ohio law banning most abortions

The decision to grant a 14-day restraining order against the state law means abortions through 20 weeks' gestation can continue for now.

WEKU

Outrage as teen who killed her sex trafficking rapist forced to pay his family $150,000

Pieper Lewis, 17, stabbed a man 30 times in 2020 who had allegedly raped her but the court said it had 'no option' but to order the huge payment under Iowa state law

Daily Mirror

GOP candidate for governor Darren Bailey in another controversy with the Jewish community

CHICAGO — Republican governor candidate Darren Bailey has created more controversy with Illinois’ Jewish community after a weekend visit to a Palestinian group where he spoke in front of a map that relabeled Israel as Palestine and said he would consider seeking repeal of a state law banning public pension…

Chicago Tribune

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Reason

Geographical Information and the Dormant Commerce Clause: Four Principles

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

Benzinga

Discontent Grows In Florida Over Delay Of Marijuana Licenses, Appeals Judge Weighs In

Recently, an appeals-court judge upbraided Florida health officials for not following up on promises to grant additional medical cannabis licenses as required by state law.

Reason

This Renegade California Developer Wants To Build a 2,300-Unit Megaproject in a NIMBY Stronghold

A never-before-used state law might make his plans bulletproof.

Reason

Brickbat: Framed

A Pennsylvanian state appellate court has ruled that when state law bars license plates from being "obscured in any manner" it means all parts of the plate, not just the numbers and letters identifying the plate, so cops have the authority to stop drivers because they have frames around their…

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The Independent UK

Wisconsin judge sides with GOP in absentee ballot fight

A Wisconsin judge has ruled that state law does not allow local election clerks to fill in missing information on witness certification envelopes that contain absentee ballots, delivering a victory to Republicans who brought the lawsuit in the battleground state

Tribune News Service

In lawsuit over distance learning, parents accuse San Diego schools of violating Constitution

SAN DIEGO — Five of San Diego County's largest school districts and one charter school were sued last week by parents who say the schools failed to provide adequate instruction to their children during distance learning two years ago in what they allege was a violation of their constitutional rights.

WEKU

New York law that bars carrying guns in Time Square and other areas goes into effect

Times Square is one of scores of "sensitive" places — including parks, churches and theaters — that will be off-limits for guns under a sweeping new state law going into effect Thursday.

Tribune News Service

SC lawmakers who sponsored $1.5M earmark for Upstate Christian school claim misunderstanding

COLUMBIA, S.C. — Two state lawmakers who sponsored a $1.5 million budget earmark for an Upstate Christian organization that has announced plans to build a residential school with the money claim the project has been misrepresented. They insist the nonprofit is not actually building a private educational institution, and one…

Reason

Courts Split on Whether the Feds Can Overturn These State Abortion Bans

Plus: "Reparations" for the news industry, the disappearance of starter homes, and more...

The Independent UK

Woman sues over residency requirement for assisted suicide

A Connecticut woman with cancer is suing Vermont for allowing only its own residents to take advantage of a state law that lets people who are terminally ill end their own lives

Tribune News Service

Ga. Gov. Kemp’s grand jury testimony still in question after courtroom clash

ATLANTA — A Fulton County judge on Thursday did not indicate how he would rule on a request from Republican Gov. Brian Kemp to block a subpoena for his testimony before the special purpose grand jury studying whether President Donald Trump and his allies violated state law when they sought…

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