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State high court will consider New Bern eye surgeon's CON challenge

More than a year after a New Bern eye surgeon asked North Carolina’s highest court to take up his challenge of the state’s certificate-of-need law, the court has answered yes. An order issued Friday confirms that the North Carolina Supreme Court will hear Dr. Jay Singleton’s challenge to state CON restrictions. Singleton had appealed to the high court in August 2022. ....

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All constitutional rights are fundamental. Why don't the courts treat them that way?

Courts moved fast to overturn Arizona’s prohibition on recording the police within eight feet. A federal judge suspended the law two months after it passed in July 2022, and then struck it down on July 21, 2023, after nobody came forward to defend it. ....

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ACLU, Institute for Justice join debate over NC Supreme Court's Ace Speedway case

The N.C. Supreme Court issued orders Monday allowing attorneys from both the ACLU and Institute for Justice to file briefs supporting Ace Speedway in its legal fight against the state’s top health official. State Health and Human Services Secretary Kody Kinsley is urging the high court to reverse the state Court of Appeals. A unanimous appellate panel ruled in August 2022 that speedway owners could pursue a lawsuit against Kinsley over a forced shutdown in 2020 during the COVID-19 pandemic. ....

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