HB392 (Constitutional Court Amendments)

HB392 proposes a new state trial-level “Constitutional Court” to hear challenges to state laws. The court would exercise exclusive jurisdiction over civil actions challenging the constitutionality of state laws seeking injunctive relief, as well as cases that the Attorney General or Legislature chooses to remove to this court. Given the Legislature's recent losses in the courts, the creation of this new court risks the appearance of the Legislature creating a favorable court to rule on whether the laws it passes are constitutional.