Fifty-One Supreme Courts

As this issue of Liberty & Law shows, IJ is more active than ever at the nation’s highest court. But the U.S. Supreme Court isn’t the only place where we’re able to secure transformative, far-reaching precedent, so we’re also appearing in a record number of state supreme courts. 

We leverage unique provisions in state constitutions that provide even greater protections for individual freedom than the federal Constitution. With three state supreme court victories already and more on the way, we’re gaining momentum in our efforts to pare back judicial deference to economic regulation—and we’re applying that successful model to our newer campaign against the open fields doctrine (for more info).

Here are a few highlights from our current state supreme court docket:

In North Carolina, Dr. Jay Singleton wants to provide low-cost eye surgeries in his own clinic. But the state’s certificate of need law uses a formula to decide how many medical providers are “needed” in an area. In Jay’s area, that number is one: a large hospital that charges much more than Jay would. IJ and Jay are challenging this state-imposed monopoly under the state constitution, which includes a clause explicitly banning monopolies. We argued the case before the North Carolina Supreme Court in April and are awaiting a decision.

In Nebraska, Marc N’Da runs a home health agency and wants to expand into giving his clients rides to doctor appointments and pharmacies. But a certificate of need law requires Marc to get permission from the very businesses he’d be competing against. Unsurprisingly, they said no. Marc and IJ teamed up to challenge this irrational law. A trial court ruled against us, and we recently finished briefing at the state Supreme Court.

In Louisiana, to braid hair legally requires 500 hours of unnecessary training offered at only one cosmetology school in the entire state. The licensing requirement wasn’t passed by the Legislature but was instead imposed by a cosmetology board that includes the school’s owners. IJ and two Louisiana braiders teamed up to challenge the regulation. In June, an appellate court upheld the dismissal of the challenge. We are now appealing to the state’s high court. 

In Pennsylvania’s Allegheny Mountains, the Punxsutawney and Pitch Pine hunting clubs own thousands of acres of private land. Despite posted “no trespassing” signs, the open fields doctrine means game wardens can enter the land without consent, warrants, or suspicion of wrongdoing. Only the Pennsylvania Supreme Court can overturn its own precedent embracing the open fields doctrine, so following our unsurprising loss in the lower courts last October, the case is perfectly teed up for an appeal to the commonwealth’s highest court.

We’re also fighting civil forfeiture at the Michigan Supreme Court and gearing up to build on a lower court win that struck down a mandatory rental inspection scheme at the Iowa Supreme Court. Success in any of these cases would expand freedom for everyone in the state—and send a strong signal to other states on our path to setting precedent nationwide.

Lisa Bergstrom is IJ’s digital communications manager.