Category: Supreme Court

Trump’s Travel Ban Has Taken Effect. Now What?

The Supreme Court has allowed the third travel ban to go into effect at least temporarily while two federal circuit courts of appeals review decisions from lower courts temporarily blocking enforcement of the travel ban. Even if the government loses before the appeals courts the travel ban will remain in effect until the Supreme Court

Continue reading

Court Permanently Strikes Down Trump Sanctuary Cities Order

In April, a federal district court issued a nationwide preliminary injunction preventing the Trump administration from enforcing the sanctuary jurisdictions portion of the Enhancing Public Safety in the Interior of the United States executive order (EO). Now, the same federal court has made that injunction permanent — effectively halting enforcement until further notice. According to

Continue reading

How “Qualified Immunity” Protects State and Local Officials

When it comes to “qualified immunity”, state and local governments have experienced a winning streak like no other. Since 1982, the Supreme Court has denied police officers qualified immunity in only two cases. In the last few years, the Supreme Court has reversed a handful of lower court cases denying police officers qualified immunity in

Continue reading

The Final Days of the Clean Power Plan

Earlier this year, it seemed like a certainty: The Supreme Court would hear arguments concerning, and rule on, the legality of the Clean Power Plan (CPP), a key component of the Obama legacy. Now, with the proposal of new regulations intended to rescind the CPP, Supreme Court review seems less and less likely. If there

Continue reading

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

Continue reading

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

Continue reading

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

Continue reading

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

Continue reading

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

Continue reading

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

Continue reading