Tag: SCOTUS

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

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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

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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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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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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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