Author: Lisa Soronen

Will the Supreme Court Review Trump’s Third Travel Ban?

If Attorney General Jeff Sessions has his way, the answer will be yes. Or at least, so Sessions told the Senate Judiciary Committee — shortly after two federal district courts temporarily prevented the third travel ban from going into effect. But the full story is more complicated. Back on March 6, President Trump signed an executive

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South Dakota Asks Supreme Court to Consider Online Sales Tax

For years, local authorities have tangled with online retailers over sales tax collection within communities. But this fall, a new development in a blockbuster Supreme Court case could force the issue into the national spotlight. In Quill Corp. v. North Dakota (1992), the Supreme Court held that states cannot require retailers with no in-state physical presence to

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Supreme Court Hears Partisan Gerrymandering Case

All eyes and ears were focused on Justice Kennedy today during the Supreme Court’s oral argument in Gill v. Whitford. In this case, the court is asked to decide whether and when it is possible to bring a claim that partisan gerrymandering (redistricting to advantage one political party) is unconstitutional. In the 2012 election, in

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Supreme Court to Decide Significant Public Sector Union Dues Case (Again)

Last year, the Supreme Court was expected to overrule a crucial precedent supporting public sector unions, but the untimely death of Justice Anton Scalia complicated matters. Now, the case is returning — and a decision seems imminent. In 2016, the Supreme Court considered the case of a nearly 40-year old precedent requiring public sector employees

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Supreme Court Postpones Plan to Hear Travel Ban Arguments

Over the weekend, the Supreme Court announced that they will no longer hear oral arguments in the case of President Trump’s travel ban — for now. Previously scheduled for October 10, the arguments would have represented a major flashpoint in the public dispute over the constitutionality of the president’s immigration order. Instead, the Court has asked

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Chicago Granted Injunction in Fight Against “Sanctuary City” Restrictions

In July, the Department of Justice (DOJ) added two new requirements for states and local governments to receive federal Edward Byrne Justice Assistance Grants (Byrne JAG) for law enforcement funding. In response, the city of Chicago sued Attorney General Jeff Sessions, arguing that these new requirements and another requirement are unlawful and/or unconstitutional. Now, an

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Internet Sales Tax Challenge Could Face Supreme Court

Following a predictable loss before the South Dakota Supreme Court, the state of South Dakota is expected to ask the U.S. Supreme Court to rule that its law requiring out-of-state retailers to collect sales tax is constitutional. Doing so will require the U.S. Supreme Court to take the unusual step of overruling precedent. In Quill Corp.

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NLC Joins Three Supreme Court Amicus Briefs

In the summer, the Supreme Court is not in session — but outside stakeholders continue to file briefs in preparation for fall arguments. Last month, NLC joined three Supreme Court amicus briefs filed by the State and Local Legal Center (SLLC). These three diverse cases covered many facets of local government — though only one concerned

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Federal Court Rejects Obama-Era Overtime Rule

Last week, a federal district judge in Texas invalidated a key Obama-era overtime regulation that would have made it more likely states and local governments would have had to pay more employees overtime. Per the Fair Labor Standards Act (FLSA), executive, administrative, and professional “white collar” employees do not have to be paid overtime if

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What Happened to DACA?

Since his presidency began, President Trump has set his sights on rolling back many of the actions of President Obama. At times, that task has proven easy — as with many federal regulations and executive orders. Other times, the opposition has been fierce. Enacted under Obama, the Deferred Action for Childhood Arrivals (DACA) program allowed

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