Economic and Labor Rights
State constitutions include provisions protecting economic liberty, or the right to engage in work without undue interference; property rights, including protections against takings; and provisions that protect workers’ rights. Florida’s constitution, for example, protects the right “to be rewarded for industry,” and Montana protects the right to pursue “life’s basic necessities.” Illinois’s constitution protects workers’ right to organize and bargain collectively. Washington’s privileges and immunities clause has been used to strike down a law excluding dairy workers from overtime pay.
State supreme courts hear challenges related to business regulations and occupational licensing requirements, dangerous work environments, inadequate wages and hour requirements, collective bargaining rights, public employee benefits, and other issues.
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State Court Oral Arguments to Watch for in June
Issues on the dockets include crossover voting, a gun ban for young adults, transgender prisoners, and court reporter shortages.
The South Dakota Constitution: “Under God the People Rule” — But All the People?
A long history of Indigenous exclusion has undermined the state’s democratic ideals.
The Delaware Constitution: The First of Firsts
Ironically, Delaware is last in allowing its citizens forms of direct democracy.
Fines, Fees, and Bail in State Courts
Recent state supreme court cases, including a major California ruling last week, address the burden of court-imposed financial obligations on criminal defendants.
Michigan Supreme Court to Hear Rare Lawsuit Between Legislative Chambers
The case arose after a new Republican majority in the Michigan House refused to send several bills passed by a previous Democratic-controlled legislature to the governor to become law.
The Nebraska Constitution: Creator of the Country’s Only Unicameral Legislature
The powers of initiative and referendum make the people the “second house.”
Montana’s Housing Crisis Fix Survives Constitutional Challenge
Homeowners favoring single-family residences sued to block legislation meant to increase housing supply and bring down home prices.
Earning a Living in Arizona’s History
A recent oral argument portends Arizona may be the latest state to reject lockstepping with the federal rational basis test in economic liberties cases.