In the past, many academics have complained about the Supreme Court frequently reversing lower court decisions that have denied police officers qualified immunity. Last month, in Sause v. Bauer, the court reversed (and remanded) a grant of qualified immunity. In a unanimous per curiam (unauthored) opinion, the Supreme Court remanded this case back to the
In the annals of the Supreme Court, summary reversals overturning a lower court decision without briefing or oral argument are common. But rare are summary reversals that receive media attention — because such action is “usually reserved … for situations in which the law is settled and stable, the facts are not in dispute, and the
The Supreme Court has agreed to review a Ninth Circuit decision ruling that individuals with mental illnesses must be accommodated under the ADA when being arrested. Getty images The Fourth Amendment applies to arrests, no question about it. What about the Americans with Disabilities Act (ADA)? Specifically, do individuals with mental illnesses have to be accommodated under the ADA when
Despite being early in the term, the Supreme Court has already issued two opinions involving state and local government. Getty images As the Supreme Court’s term only began on October 6 it is a little early for the Court to be issuing opinions except in the instance of per curiam (unauthored) opinions where the Court
The Supreme Court resolves circuit splits (where federal circuit courts of appeals have decided the same issue differently) and isn’t an error correcting Court. But you would not know that if you looked just at the Court’s two unanimous qualified immunity decided this week. State and local government officials can be sued for money damages
Lisa Soronen is the Executive Director of the State and Local Legal Center and a regular contributor to CitiesSpeak. If you follow the Supreme Court’s docket, one theme from this term is unmistakable: patent cases. The Court has taken at least five patent cases (out of less than 70). But patents don’t worry the State and Local
Lisa Soronen is the Executive Director of the State and Local Legal Center and a regular contributor to CitiesSpeak. To have a case before the United States Supreme Court is quite an honor for most lawyers, and Michael Mosley is no exception. On March 4th, Arkansas Municipal League Attorney Michael Mosley will argue a case
Lisa Soronen is the Executive Director of the State and Local Legal Center and a regular contributor to CitiesSpeak. While a recent Washington Post article notes that the Supreme Court isn’t hearing as many cases as usual this winter, the Court has not been shy about taking qualified immunity cases. Recently, the Court decided to
The last week of June likely will be big even for Americans who generally don’t give a second thought to the U.S. Supreme Court because the Affordable Care Act cases and the Arizona immigration case will be decided then. But for at least local government and the State and Local Legal Center (SLLC) the first
