State Of Justice June 2024: Keep Your Eyes On

California – California Supreme Court Appears Hesitant to Overrule Voters on Gig Worker Law 

• The California Supreme Court is deliberating Proposition 22, a voter-approved law that allows gig companies like Uber and Lyft to circumvent worker protections by classifying workers as independent contractors. This 2020 law, passed by voters following a multimillion-dollar corporate effort supporting its passage, impacts gig workers by excluding them from workers’ compensation and other labor protections due to the contractor classification. During oral arguments, the justices seemed hesitant to completely overturn Prop. 22, instead seeking compromise that preserved specific benefits for gig workers. If the court invalidates Prop. 22, it would force gig companies to comply with Assembly Bill 5, requiring them to provide employees with basic worker benefits such as sick pay and overtime.  

Delaware – Voting Access in Delaware hangs in the balance as state Supreme Court hears early voting, absentee ballot arguments 

• The Delaware Supreme Court is deliberating on the constitutionality of early voting and permanent absentee ballot laws. The early voting law allows ten days of early voting and is under scrutiny for conflicting with Delaware’s constitution which specifies a single voting day. Similarly, the permanent absentee ballot law, originally passed in 2010, is being questioned on whether it violates constitutional requirements of voters applying for absentee ballots individually. The court is expected to issue a ruling within sixty days, potentially impacting voting access in upcoming elections.  

Florida – Florida Supreme Court considers COVID Shutdown Case at UF Campus” by Jim Saunders 

• The Florida Supreme Court will decide if Anthony Rojas, a University of Florida (UF) graduate student, can be refunded for services not provided during the 2020 COVID-19 campus shutdown, like transportation, healthcare, and student services. A lower court ruled that UF was protected by sovereign immunity, shielding it from liability. Rojas’ attorney argued that UF breached a contract by not providing the services paid for, while UF’s attorney contended no express contract existed. The case hinges on whether UF breached a contract and whether sovereign immunity applies within the circumstances.  

Maryland – Maryland Supreme Court agrees to take up constitutionality of Child Victims Act of 2023 

• The Maryland Supreme Court agreed to review the constitutionality of the Child Victims Act of 2023. The act eliminates the statute of limitations, allowing survivors to file lawsuits regardless of when the abuse occurred. The supreme court’s decision could have profound implications for victims currently pursuing legal action against their abusers if they find the law unconstitutional. This case is a pivotal moment in Maryland’s legal landscape, as it seeks to balance the rights of survivors within constitutional constraints. 

Mississippi – Lawsuit Claiming Mississippi Supreme Court Districts are Discriminatory is set for August 

• A federal trial challenging the Mississippi Supreme Court districts’ constitutionality will start on August 5th. Filed by the ACLU and others on behalf of Black Mississippians, the lawsuit alleges the districts, which have not been redrawn since 1987, dilute Black voter strength. In the court’s 100-year history, only four Black justices served on the supreme court, all from the Central District, despite the state’s 40% Black population. This case could have a profound impact on judicial selection in the state. Mississippi is one of four states that elect their supreme court justices by geographical district.  

North Carolina – State Supreme Court takes second COVID Bar Shutdown Case  

• The North Carolina Supreme Court agreed to hear a second case regarding Gov. Roy Cooper’s 2020 COVID-19 shutdown of bars. Cooper is challenging an appellate ruling in favor of bar owners that found the shutdown violated their constitutional rights to the “fruits of their labor and equal protection under the law.” The bar owners, represented by the North Carolina Bar and Tavern Association, argue that the shutdown was arbitrary and lacked scientific reasoning. The supreme court will now review these lower court rulings favoring the bar owners.  

Vermont – Medical Pot User who lost job after Drug Test takes case over Unemployment to Vermont Supreme Court 

• The Vermont Supreme Court heard arguments challenging the denial of unemployment benefits to Ivo Skoric, who lost his job after a drug test showed medical marijuana use. Skoric, representing himself, argued that state agencies should protect him under Vermont’s Fair Employment Practices Act. The Vermont Department of Labor stood by the decision declaring the difficulty of distinguishing between consumption and impairment of marijuana. After a failed appeal, Skoric appealed to the supreme court to recognize the importance of protected medicinal drug usage in the workplace.