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State Court Docket Watch: 2020 Edition State Court Docket Watch: 2020 Edition February 2021 1776 I St., N.W., Suite 300 Washington, DC 20006 fedsoc.org State Court Docket Watch: 2020 Edition About State Court Docket Watch In an effort to increase dialogue about state court jurisprudence, the Federalist Society presents State Court Docket Watch. This publication is one component of the State Courts Project, presenting original articles on state court jurisprudence and illustrating new trends and ground-breaking decisions in the state courts. For more information, please visit statecourtsguide.com/docket-watch. The thirty-seven articles you’ll find in this edition of State Court Docket Watch were all originally published at fedsoc.org. They are presented alphabetically by state. About the Federalist Society The Federalist Society for Law and Public Policy Studies is an organization of 75,000 lawyers, law students, scholars, and other individuals located in every state and law school in the nation who are interested in the current state of the legal order. The Federalist Society takes no position on particular legal or public policy questions, but is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. The Federalist Society takes seriously its responsibility as a non-partisan institution engaged in fostering a serious dialogue about legal issues in the public square. We occasionally produce white papers on timely and contentious issues in the legal or public policy world, in an effort to widen understanding of the facts and principles involved and to contribute to dialogue. Positions taken on specific issues in publications, however, are those of the author, and not reflective of an organizational stance. This paper presents a number of important issues, and is part of an ongoing conversation. We invite readers to share their responses, thoughts, and criticisms by writing to us at [email protected], and, if requested, we will consider posting or airing those perspectives as well. For more information about the Federalist Society, please visit fedsoc.org. Table of Contents ARKANSAS Myers v. Yamato Kogyo Co. by Nicholas Bronni .....................................................................................................................................................................................................................................4 ARIZONA Brush & Nib Studio v. City of Phoenix by Jonathan Scruggs ....................................................................................................................................................................................................................................6 State v. Arevalo by Jacob Huebert ........................................................................................................................................................................................................................................8 CALIFORNIA Frlekin v. Apple Inc. by Jeremy B. Rosen ....................................................................................................................................................................................................................................10 COLORADO People in Interest of R.D. by Prof. Anthony (Tom) Caso ....................................................................................................................................................................................................................12 FLORIDA Thompson v. DeSantis by Chloe C. Leedom ..................................................................................................................................................................................................................................14 GEORGIA Jackson v. Raffensberger by Anastasia P. Boden................................................................................................................................................................................................................................16 HAWAII In Re Individuals in Custody of the State of Hawai’i by Jeremiah Mosteller ................................................................................................................................................................................................................................18 ILLINOIS Berry v. City of Chicago by Christopher Appel .................................................................................................................................................................................................................................21 INDIANA Indiana Department Of Natural Resources v. Kevin Prosser by Prof. Aaron Nielson ..............................................................................................................................................................................................................................23 IOWA League of United Latin American Citizens of Iowa v. Pate by Drew Watkins ......................................................................................................................................................................................................................................25 KANSAS Kelly v. Legislative Coordinating Council by Brad Schlozman ...................................................................................................................................................................................................................................28 State v. Harris by Robert Alt ............................................................................................................................................................................................................................................31 LOUISIANA Normand v. Walmart.com by Adam A. Millsap, Ph.D., Lee A. Steven .................................................................................................................................................................................................33 The Effect of Ramos v. Louisiana by GianCarlo Canaparo ............................................................................................................................................................................................................................35 MASSACHUSETTS Foster v. Commissioner of Correction by Kymberlee Stapleton .............................................................................................................................................................................................................................37 MICHIGAN Rafaeli, LLC v Oakland County by Thomas J. Rheaume, Jr., Gordon J. Kangas ............................................................................................................................................................................................39 Midwest Institute of Health, PLLC v. Governor by Thomas J. Rheaume, Jr., Gordon J. Kangas ............................................................................................................................................................................................41 MISSISSIPPI HWCC-Tunica, Inc. v. Mississippi Department of Revenue by Daniel Ortner ......................................................................................................................................................................................................................................44 NEW JERSEY State of New Jersey v. Robert Andrews by Billy Easley, II ......................................................................................................................................................................................................................................46 OHIO State v. Nettles by Zachery Keller ......................................................................................................................................................................................................................................48 OKLAHOMA The Institute For Responsible Alcohol Policy v. State ex rel. Alcoholic Beverage Laws Enforcement Commission by Jarrett Dieterle .....................................................................................................................................................................................................................................50 OREGON Elkhorn Baptist Church v. Brown by GianCarlo Canaparo ............................................................................................................................................................................................................................52 PENNSYLVANIA Ladd v. Real Estate Commission by Anastasia P. Boden................................................................................................................................................................................................................................54 Pennsylvania Democratic Party v. Boockvar by J. Christian Adams, Kaylan L. Phillips ..................................................................................................................................................................................................56 SOUTH CAROLINA Bailey v. SC State Election Commission by Jason
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