Tag: SCOTUS

Second Circuit Rules against Cities and States in Sanctuary Jurisdictions Case

In 2006, Congress created the Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG) to provide “flexible” funds for state and local law enforcement programs. Last week, the Second Circuit became the first federal court of appeals to rule in favor of the Attorney General’s decision to add conditions to receiving federal Byrne JAG grants. In

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Local Governments Respond to Car Impounding SCOTUS Case

The State and Local Legal Center (SLLC) has filed an amicus brief in City of Chicago, Illinois v. Fulton, an important case for local governments. The City of Chicago impounds vehicles when debtors have three or more unpaid fines. When Robbin Fulton’s vehicle was impounded for this reason, she filed for bankruptcy and asked the

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Robocall Case Has Important Implications for Local Governments

What does Barr v. American Association of Political Consultants have to do with state and local governments? The question the Supreme Court will decide in this case is whether allowing robocalls for government-debt only violates the First Amendment. State and local governments aren’t likely recipients of such calls. In one word the answer is Reed; as in Reed v. Town

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For Now, Supreme Court Won’t Review Flint Water Crisis Case

The Flint water crisis was one of the more notable events of the last decade. Unsurprisingly, it led to litigation. So far, the Sixth Circuit has refused to dismiss the case against a number of the state and local government officials who were sued. This week, the Supreme Court refused to hear their case challenging

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SCOTUS Allows Public Charge Rules to Go into Effect Temporarily

The Supreme Court has stayed a nationwide injunction which disallowed the public charge rule from going into effect anywhere in the United States. For now, the public charge rule will remain in effect across the country (except in Illinois) until the Second Circuit, and the Supreme Court, if it decides to get involved, rules in

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Supreme Court to Decide Bankruptcy Case Affecting Local Governments

The city of Chicago impounds vehicles where debtors have three or more unpaid fines. Robbin Fulton’s vehicle was impounded, and when she filed for bankruptcy and asked the city to turn over her vehicle, it refused. And so, the question the Supreme Court will decide in City of Chicago, Illinois v. Fulton is whether a local government

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Net Neutrality Gives Cities Some Flexibility

You may have seen headlines that a federal court handed a partial victory to advocates for net neutrality recently. But what exactly did the court do, and what does that mean for cities? Net neutrality requires internet service providers to treat all Internet communications the same and not block, speed up or slow down any

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Local Government May Keep Peace Cross SCOTUS Rules

The Bladensburg Peace Cross may stay, the Supreme Court ruled in a 7-2 decision in American Legion v. American Humanist Association.  According to Justice Alito, writing for the majority of the Court: “It has become a prominent community landmark, and its removal or radical alteration at this date would be seen by many not as

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What Justice Kennedy Meant to Cities

As of July 30, the last day of this year’s historic Supreme Court session, Justice Anthony Kennedy is retired. For states and local governments, he will be forever remembered — not least as the justice who championed allowing online sales tax collection. In March 2015, Justice Kennedy wrote that the “legal system should find an

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Supreme Court Sends Qualified Immunity Win Back to Lower Court

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

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