Cited by

Opinions in New Hampshire that cite Baines v. New Hampshire Senate President, 876 A.2d 768.

34 citing documents.

  • Contoocook Valley Sch. Dist. v. State 2025 N.H. 29 N.H. 2025
    to review whether laws passed by the legislature are constitutional,” Baines v. N.H. Senate President, 152 N.H. 124, 129 (2005), we see no separation of powers issue.
  • Miles Brown & a. v. Secretary of State N.H. 2023
    If a question is not justiciable, it is not ours to review.
  • Petition of Pamela Smart N.H. 2023
    “Courts lack jurisdiction to decide political questions.” Richard v. Speaker of the House of Representatives, 175 N.H. 262, 267 (2022); see Baines v. N.H. Senate President, 152 N.H. 124, 128 (2005) (explaining that “[i]f a question is not justiciable, it is not ours to review”).
  • Daniel Richard v. Speaker of the House of Representatives & a. N.H. 2022
    In re Guardianship of K.B., 172 N.H. 646, 648 (2019) (explaining that we may “raise subject matter jurisdiction sua sponte”); Baines v. N.H. Senate President, 152 N.H. 124, 128 (2005) (reviewing the argument, raised for the first time on appeal, that the appellate questions constitute nonjusticiable political questions because “justiciability is essentially a jurisdictional issue” and, “[a]s with other kinds of jurisdictional questions,.
  • Anna Carrigan v. New Hampshire Department of Health and Human Services & a. N.H. 2021
    We are also aware of the conflict that ruling in favor of the plaintiff’s standing would present with Part I, Article 37, which espouses the constitutional principle of separation of powers.
  • Request for an Opinion of the Justices (Quorum under Part II, Article 20) N.H. 2020
    “By reviewing the history of the constitution and its amendments, the court endeavors to place itself as nearly as possible in the situation of the parties at the time the instrument was made, that it may gather their intention from the language used, viewed in the light of the surrounding circumstances.” Baines v. N.H. Senate President, 152 N.H. 124, 133 (2005) (quotation omitted).
  • John Burt & a. v. Speaker of the House of Representatives N.H. 2020
    “While it is appropriate to give due deference to a co-equal 3 branch of government as long as it is functioning within constitutional constraints, it would be a serious dereliction on our part to deliberately ignore a clear constitutional violation.” Baines v. N.H. Senate President, 152 N.H. 124, 129 (2005) (quotation omitted).
  • Deborah Sumner v. New Hampshire Secretary of State 136 A.3d 101 N.H. 2016
    “The authority to adopt procedural rules for passing legislation is demonstrably committed to the legislative branch by Part II, Articles 22 and 37 of the State Constitution.” Baines v. N.H. Senate President, 152 N.H. 124, 130 (2005).
  • American Federation of Teachers – New Hampshire & a. v. State of New Hampshire & a. 167 N.H. 294 N.H. 2015
    “In reviewing a legislative act, we presume it to be constitutional and will not declare it invalid except upon inescapable grounds.” Baines v. N.H. Senate President, 152 N.H. 124, 133 (2005) (quotation omitted).
  • Diana Camire v. The Gunstock Area Commission 166 N.H. 374 N.H. 2014
    Ordinarily, we will not review arguments that were not timely raised before the trial court, Baines v. N.H. Senate President, 152 N.H. 124, 128 (2005), because “trial forums should have an opportunity to rule on issues and to correct errors before they are presented to the appellate court,” Petition of Guardarramos- Cepeda, 154 N.H. 7, 9 (2006) (quotation omitted).
  • Lakes Region Gaming v. Miller 62 A.3d 838 N.H. 2013
    Baines v. N.H. Senate President, 152 N.H. 124, 128 (2005) (we will review subject matter jurisdiction claims, even if raised for the first time on appeal); In re Guardianship of Williams, 159 N.H. 318, 323 (2009) (whether party has standing presents question of subject matter jurisdiction).
  • In Re Opinion of Justices 27 A.3d 859 N.H. 2011
    “By reviewing the history of the constitution and its amendments, the court endeavors to place itself as nearly as possible in the situation of the parties at the time the instrument was made, that it may gather their intention from the language used, viewed in the light of the surrounding circumstances.” Baines v. N.H. Senate President, 152 N.H. 124, 133 (2005) (quotation omitted).
  • State Employees' Ass'n v. State 20 A.3d 961 N.H. 2011
    *735 “In reviewing a legislative act, we presume it to be constitutional and will not declare it invalid except upon inescapable grounds.” Baines v. N.H. Senate President, 152 N.H. 124, 133 (2005) (quotation omitted).
  • NEW HAMPSHIRE HEALTH CARE ASS'N v. Governor 13 A.3d 145 N.H. 2011
    Baines v. N.H. Senate President, 152 N.H. 124, 133, 876 A.2d 768 (2005) (quotation omitted).
  • New Hampshire Health Care Ass'n v. Governor 161 N.H. 378 N.H. 2011
    “In reviewing a legislative act, we presume it to be constitutional and will not declare it invalid except upon inescapable grounds.” Baines v. N.H. Senate President, 152 N.H. 124, 133 (2005) (quotation omitted).
  • Judicial Retirement Plan v. SEC. of State 7 A.3d 1166 N.H. 2010
    “In reviewing a legislative act, we presume it to be constitutional and will not declare it invalid except upon inescapable grounds.” Baines v. N.H. Senate President, 152 N.H. 124, 133 (2005) (quotation omitted).
  • NEW HAMPSHIRE ASS'N OF COUNTIES v. State 965 A.2d 1012 N.H. 2009
    We review the constitutionality of the statutes de novo.
  • New Hampshire Ass'n v. State 158 N.H. 284 N.H. 2009
    We review the constitutionality of the statutes de novo.
  • State v. Fournier 965 A.2d 1091 N.H. 2009
    A statute’s constitutionality is a question of law which we decide de novo.
  • Horner v. Governor of New Hampshire 951 A.2d 180 N.H. 2008
    “In reviewing a legislative act, we presume it to be constitutional and will not declare it invalid except upon inescapable grounds.” Baines v. N.H. Senate President, 152 N.H. 124, 133 (2005) (quotation omitted).
  • Opinion of the Justices 949 A.2d 670 N.H. 2008
    *268 I. Part I, Article 11 Part I, Article 11 of the New Hampshire Constitution provides, in pertinent part: “All elections are to be free, and every inhabitant of the state of 18 years of age and upwards shall have an equal right to vote in any election.” To interpret the meaning of this provision, we examine its purpose and intent.
  • State v. Theriault 949 A.2d 678 N.H. 2008
    We are also guided in our analysis by the principle that “[i]n reviewing a legislative act, we presume it to be constitutional and will not declare it invalid except upon inescapable grounds.” Baines v. Senate President, 152 N.H. 124, 133 (2005) (quotation omitted).
  • North Country Environmental Services v. State 943 A.2d 786 N.H. 2008
    “In reviewing a legislative act, we presume it to be constitutional and will not declare it invalid except upon inescapable grounds.” Baines v. N.H. Senate President, 152 N.H. 124, 133 (2005) (quotation omitted).
  • In RE STATE (STATE v. Johanson 932 A.2d 848 N.H. 2007
    When interpreting a constitutional provision, we examine its purpose and intent.
  • McKenzie v. Town of Eaton Zoning Board of Adjustment 917 A.2d 193 N.H. 2007
    We are the final arbiter of state constitutional disputes.
  • McKenzie v. TOWN OF EATON ZONING BD. 917 A.2d 193 N.H. 2007
    We are the final arbiter of state constitutional disputes.
  • Duquette v. Warden, New Hampshire State Prison 919 A.2d 767 N.H. 2007
    n sentence was disproportionate; rather, he vaguely asserts, without support, that the lack of objective criteria “foster[s] a system of arbitrary and disproportionate sentencing decisions that essentially end run the requirements of existing sentencing statutes.” We must presume that the sentencing scheme is constitutional and we cannot declare it unconstitutional except upon inescapable grounds.
  • General Electric Co. v. Commissioner, New Hampshire Department of Revenue Administration 914 A.2d 246 N.H. 2006
    However, statutes are presumed constitutional, and they will only be declared invalid “upon inescapable grounds.” Baines v. N.H. Senate President, 152 N.H. 124, 133 (2005) (quotation omitted).
  • Starr v. Governor 910 A.2d 1247 N.H. 2006
    “The political question doctrine is essentially a function of the separation of powers, existing to restrain courts from inappropriate interference in the business of the other branches of Government, and deriving in large part from prudential concerns about the respect we owe the political departments.” Baines v. N.H. Senate President, 152 N.H. 124, 128 (2005) (quotation omitted).
  • State v. Polk 907 A.2d 966 N.H. 2006
    Thus, we may address jurisdictional issues even if they are raised for the first time on appeal, Baines v. N.H. Senate President, 152 N.H. 124,128 (2005), and even if they are not raised by the parties, see Burgess v. Burgess, 71 N.H. 293,293 (1902).
  • In re Guardarramos-Cepeda 904 A.2d 609 N.H. 2006
    This rule, however, is not absolute.
  • Gonya v. Commissioner, New Hampshire Insurance Department 899 A.2d 278 N.H. 2006
    ights of potential third party claimants by requiring them to choose between filing a claim in liquidation and pursuing their cause of action against the insured without allowing them “to obtain enough information to make a reasoned, intelligent and voluntary choice.” *524 In reviewing a statute, we presume it to be constitutional and we will not declare it invalid except upon inescapable grounds.
  • Associated Press v. State 888 A.2d 1236 N.H. 2005
    In order to determine whether RSA 458:15-b is a reasonable restriction under Part I, Article 8, we must examine the history and purpose of the provision.
  • Hughes v. Speaker of New Hampshire House of Representatives 876 A.2d 736 N.H. 2005
    We incorporate by reference the more detailed history set forth in Baines v. N.H. Senate President, 152 N.H. 124, 126-27 (2005).