Justia Constitutional Law Opinion Summaries

Articles Posted in Alaska Supreme Court
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The Supreme Court of the State of Alaska considered whether law enforcement officers violated the Alaska Constitution by conducting warrantless aerial surveillance of a private property with high-powered optics to investigate a tip about marijuana cultivation. The property was located in an isolated area near Fairbanks and was surrounded by trees that obstructed ground-level view. The officers' aerial surveillance aided by a high-powered zoom lens led to a search warrant, which uncovered marijuana plants, methamphetamine, scales, plastic bags for packaging, a loaded AK-47 rifle, and a large amount of cash. The defendant, McKelvey, was subsequently charged with criminal offenses.The Superior Court denied McKelvey's motion to suppress the evidence obtained from the aerial surveillance, holding that although McKelvey had a subjective expectation of privacy, this expectation was objectively unreasonable given the visibility of his property from the air. On appeal, the Court of Appeals reversed the ruling, holding that under the Alaska Constitution, a warrant was required for law enforcement to use high-powered optics for aerial surveillance of a private property.The Supreme Court of Alaska affirmed the decision of the Court of Appeals. It held that conducting aerial surveillance of a person's property using high-powered optics constitutes a search that requires a warrant under the Alaska Constitution. The court reasoned that such surveillance has the potential to reveal intimate details of a person's private life and could discourage Alaskans from using their private outdoor spaces. The court concluded that the chilling effect of such surveillance outweighed the utility of the conduct as a law enforcement technique. View "State of Alaska v. Mckelvey" on Justia Law

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This case revolves around the eligibility of Jennie Armstrong, the winning candidate of Alaska’s House District 16 2022 general election. The losing candidate, Liz Vazquez, along with four House District 16 voters, challenged Armstrong's eligibility, arguing that she had not been a resident of Alaska for at least three years before filing for office, as required by the Alaska Constitution. Armstrong maintained that she became a resident on May 20, 2019, while Vazquez argued that her residency did not begin until June 7, 2019. The superior court ruled in favor of Armstrong, declaring her eligible to serve in the legislature.On appeal, the Supreme Court of the State of Alaska affirmed the lower court’s decision. The Supreme Court agreed with the lower court's determination that Armstrong established her residency on May 20, 2019, but disagreed with the lower court's use of Title 15 to determine state residency. Instead, the Supreme Court held that Title 1, which states a person establishes residency in the state by being physically present with the intent to remain indefinitely and to make a home in the state, governs the state residency requirement for determining the eligibility of a legislative candidate. The Supreme Court found that Armstrong met the requirements of Title 1 and was therefore eligible to serve in the legislature. View "Vazquez v. Dahlstrom" on Justia Law

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In this case, the Sitka Tribe of Alaska challenged the State of Alaska's management of a commercial fishery, arguing that it harmed a subsistence fishery. The tribe argued that the state violated the subsistence priority statute and the common use and sustained yield clauses in the Alaska Constitution. The tribe also claimed that the state was misinterpreting a regulation controlling the fishery and sought a preliminary injunction to prevent the state from managing the fishery according to that interpretation during the upcoming season. The superior court denied the preliminary injunction.The tribe eventually won on its statutory and regulatory claim, but the superior court denied its constitutional claim and its request for attorney’s fees. The tribe appealed to the Supreme Court of Alaska.The Supreme Court of Alaska affirmed the superior court’s decisions. It held that the hard look doctrine, requiring agencies to consider all relevant information, already existed and there was no need to create a constitutional requirement not in the plain language of Article VIII, Section 4 of the Alaska Constitution. The court also declined to review the tribe’s motion for a preliminary injunction under the public interest exception, as the issue was moot and did not justify application of the public interest exception. Lastly, the court held that the superior court did not abuse its discretion by declining to award attorney’s fees as the tribe had not shown that the superior court's decision was arbitrary, capricious, manifestly unreasonable, or stemmed from an improper motive. View "Sitka Tribe of Alaska v. State of Alaska" on Justia Law

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The Supreme Court of the State of Alaska reviewed challenges to a redistricting plan adopted by the Alaska Redistricting Board. After the 2020 census, the Board adopted a plan for 40 House of Representative districts and 20 Senate districts. Several entities filed challenges to this plan, arguing that certain districts were unconstitutional due to violations of due process and gerrymandering. The superior court found two House districts and one Senate district to be unconstitutional and directed the Board to undertake further redistricting efforts. Four petitions for review were filed with the Supreme Court.The Court affirmed the superior court's ruling regarding the Senate district, but reversed the ruling regarding the two House districts. The Court found that the Board did not violate the "hard look" requirement, which requires that the Board seriously consider all salient problems and engage in reasoned decision-making. The Court also held that the Board sufficiently complied with the Hickel process, a procedural sequence that ensures the redistricting satisfies federal law without unnecessarily compromising the Alaska Constitution.Furthermore, the Court determined that the Board did not have discriminatory intent in its actions, and that the minor deviations in population among various districts did not violate the "one person, one vote" requirement. The Court also concluded that the Board did not violate the provision requiring each House district to contain a population as near as practicable to the quotient obtained by dividing the population of the state by forty.Regarding the Senate district, the Court affirmed the superior court’s conclusion that the relevant Senate district pairings were an unconstitutional gerrymander. The Court remanded the case for further redistricting efforts consistent with its order. View "In the Matter of the 2021 Redistricting Cases" on Justia Law

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In this case, the Supreme Court of the State of Alaska upheld a lower court's decision that Williams Alaska Petroleum, Inc. and The Williams Companies, Inc. (collectively, "Williams") were strictly liable for the release of hazardous substances at a North Pole refinery they previously owned and operated. The substances, including sulfolane, a purifying solvent, had contaminated local groundwater. The court also upheld the ruling that Williams was responsible for paying damages to the State of Alaska and making contributions to the current owner, Flint Hills Resources, for its remediation costs.The court rejected Williams's claims that sulfolane was not a hazardous substance under state law. It also rejected the argument that the company's due process rights were violated because, it argued, it did not have fair notice that its conduct was prohibited. The court further denied Williams's argument that the imposition of retroactive liability for past releases constituted an unconstitutional taking of property.In addition, the court determined that Williams had retained liability for offsite sulfolane releases when it sold the refinery to Flint Hills. It also found that Flint Hills could seek statutory contribution from Williams for certain costs related to the contamination. However, the court remanded the grant of injunctive relief for more specificity as required by rule. Williams was ordered to pay damages for loss of access to groundwater due to sulfolane contamination, and for the costs of response, containment, removal, or remedial action incurred by the state. View "Williams Alaska Petroleum, Inc. v. State of Alaska" on Justia Law

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In the case before the Supreme Court of the State of Alaska, the Attorney General for the State of Alaska, Treg R. Taylor, sued the Alaska Legislative Affairs Agency. The dispute arose from a disagreement between the executive and legislative branches over when an appropriations bill passed by the legislature would take effect, with potential implications for funding state government in the subsequent fiscal year. The Attorney General asked the court for a declaration that any expenditure of state funds without an effective appropriation was unlawful, unless the expenditure was necessary to meet constitutional obligations to maintain the health and safety of residents or federal obligations. The superior court dismissed the case, holding that the lawsuit was barred by a provision of the Alaska Constitution (article III, section 16) that prohibits the governor from suing the legislature. The Supreme Court of the State of Alaska affirmed that decision. The court held that, although the Attorney General brought the suit, it was in substance a suit brought by the Governor "in the name of the State" against the legislature. Therefore, it was barred by the Alaska Constitution. The Supreme Court also remanded the issue of attorney’s fees for further proceedings in the lower court. View "Treg R. Taylor, in his Official Capacity as Attorney General of the State of Alaska v. Alaska Legislative Affairs Agency" on Justia Law

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In this case from the Supreme Court of the State of Alaska, the court examined a claim brought by an inmate, Jeffrey Hout. Hout, who was convicted in 2010 of kidnapping and murder, accused Governor Michael Dunleavy of failing to provide him with proof of various bonds, oaths, and licenses, and alleged that certain people involved in his criminal trial had practiced law without valid licenses. He also filed a Uniform Commercial Code (UCC) Financing Statement seeking to secure a purported debt of $250 million in gold dollars owed to him by Governor Dunleavy and the State of Alaska. The superior court dismissed the lawsuit because it failed to state a claim upon which relief could be granted, prompting Hout to appeal.The Supreme Court of the State of Alaska affirmed the superior court’s decision. The court highlighted that Hout's claims were consistent with the expressed belief system of a group known as “sovereign citizens” and stated that courts across the country have universally rejected these types of claims. The court noted that their jurisdiction to decide the case was derived from Alaska citizens who have provided “consent of the governed” by ratifying the Alaska Constitution. The court rejected Hout's argument that Alaska’s laws do not apply to him unless he provides personal consent to be governed by those laws.On the merits, the court found Hout's fraud claim to be without merit. The primary allegation underpinning Hout’s fraud claim was that Governor Dunleavy was legally obligated to provide him with proof of oaths, licenses, and bonds. The court held that there was no legal basis for this claim. The court also dismissed Hout’s civil rights claim seeking release from prison on the ground that certain officials who participated in his criminal trial were practicing law without valid licenses. The court explained that the proper vehicle for Hout’s claim seeking release from prison would be an application for post-conviction relief. Since Hout had already applied once for post-conviction relief, any subsequent application would be dismissed. View "Jeffrey Hout v. State of Alaska, Office of the Governor" on Justia Law

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In the case before the Supreme Court of the State of Alaska, a group of trade associations (Resource Development Council for Alaska, Inc., Alaska Trucking Association, Inc., Alaska Miners Association, Inc., Associated General Contractors of Alaska, Alaska Chamber, and Alaska Support Industry Alliance) sued the State and a ballot initiative group "Vote Yes for Alaska’s Fair Share" (Fair Share), seeking to invalidate the State’s approval of a ballot initiative petition. The litigation primarily revolved around the constitutionality of a statute limiting the compensation that could be paid for obtaining signatures on ballot initiative petitions. The superior court ruled that the statute was unconstitutional and dismissed the trade associations’ claims that a large number of petition signatures should be invalidated because the statutory compensation limits had been exceeded.Following this ruling, Fair Share moved for an attorney’s fees award against the trade associations, contending that it was a qualified prevailing constitutional claimant entitled to full reasonable attorney’s fees under AS 09.60.010, or at least an award of partial attorney’s fees under Alaska Civil Rule 82. The trade associations responded that Fair Share could not be a constitutional claimant because it was not a “plaintiff, counterclaimant, cross claimant, or third-party plaintiff.”The superior court concluded that Fair Share was a constitutional claimant because its claim was effectively a counterclaim. However, it also concluded that the Trade Associations did not have sufficient economic incentive to bring their claim, and thus were constitutional claimants protected from an award of full attorney’s fees under AS 09.60.010. The court nonetheless awarded Fair Share partial attorney’s fees under Rule 82.On appeal, the Supreme Court of the State of Alaska affirmed the superior court’s determination that the trade associations did not have a sufficient economic incentive to bring their claims. Thus, the trade associations are qualified, non-prevailing constitutional claimants and the Rule 82 attorney’s fees award must be vacated. View "Vote Yes for Alaska's Fair Share v. Resource Development Council for Alaska, Inc." on Justia Law

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Alaska, pursuant to a collective bargaining agreement with the Alaska State Employees Association (ASEA), a public sector union representing thousands of State employees, including union members and nonmembers, deducted union members’ dues from their paychecks and deducted from nonmembers’ paychecks a mandatory “agency fee” and transmitted the funds to ASEA. In June 2018 the United States Supreme Court held in Janus v. American Federation of State, County, & Municipal Employees, Council 31 (Janus) that charging union agency fees to nonmember public employees violated their First Amendment rights by “compelling them to subsidize private speech on matters of substantial public concern.” The State and ASEA modified their collective bargaining agreement to comply with Janus, and the State halted collecting agency fees from nonmembers. In 2019, after a change in executive branch administrations following the November 2018 election, the State took the position that Janus also required the State to take steps to protect union member employees’ First Amendment rights. The State contended that Janus required it to obtain union members’ clear and affirmative consent to union dues deductions, or else they too might be compelled to fund objectionable speech on issues of substantial public concern. The governor issued an administrative order directing the State to bypass ASEA and deal directly with individual union members to determine whether they wanted their dues deductions to continue and to immediately cease collecting dues upon request. Some union members expressed a desire to leave the union and requested to stop dues deductions; the State ceased collecting their union dues. The State then sued ASEA, seeking declaratory judgment that Janus compelled the State’s actions. ASEA countersued seeking to enjoin the State’s actions and recover damages for breach of the collective bargaining agreement and violations of several statutes. The superior court ruled in favor of ASEA, and the State appealed. The Alaska Supreme Court affirmed the superior court’s declaratory judgment in favor of ASEA because neither Janus nor the First Amendment required the State to alter the union member dues deduction practices set out in the collective bargaining agreement. And because the State’s actions were not compelled by Janus or the First Amendment, the Supreme Court affirmed the superior court’s rulings that the State breached the collective bargaining agreement and violated relevant statutes. View "Alaska, et al. v. Alaska St. Emp. Ass'n, et al." on Justia Law

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Alaska’s United States Representative Don Young died unexpectedly in March 2022. Following his death, Alaska held a special primary election and a special general election to select a candidate to complete the remainder of his term. Those special elections were conducted using ranked-choice voting procedures adopted by voters through a 2020 ballot measure. After the 2022 special primary election but before the vote was certified, the candidate who then had the third-most votes withdrew. The Division of Elections (Division) determined that it would remove the withdrawn candidate’s name from the special general election ballot, but would not include on the ballot the candidate who had received the fifth-most votes in the special primary election. Several voters brought suit against the Division challenging that decision. The superior court determined the Division’s actions complied with the law and granted summary judgment in favor of the Division. The voters appealed. Due to the time-sensitive nature of election appeals, the Alaska Supreme Court affirmed the superior court in a short order dated June 25, 2022. The Court explained that because the Division properly applied a statutorily mandated 64-day time limit that prevented the addition of the special primary’s fifth-place candidate to the special general election ballot, and because the statutory mandate did not violate the voters’ constitutional rights, summary judgment was affirmed in favor of the Division. View "Guerin, et al. v. Alaska, Division of Elections" on Justia Law