Tag: SCOTUS

Pennsylvania Will Redraw its Gerrymandered House Districts

This week, the U.S. Supreme Court refused to block the Pennsylvania Supreme Court’s ruling that the state’s 2011 Congressional redistricting plan constitutes an unconstitutional partisan gerrymander. This is the fourth court in a relatively short period of time to rule that partisan gerrymandering may be unconstitutional. In its ruling, the Pennsylvania Supreme Court gave the Pennsylvania General

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Two Supreme Court Cases Test Limits of Local Authority

By the end of June 2018, the Supreme Court will have decided two cases — Lozman v. City of Riviera Beach and Salt River Project Agricultural Improvement and Power District v. SolarCity — testing the limits of local government authority. Both cases could have serious ramifications for city leaders in the future. And beyond that, the cases

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What Happens Now to the “Waters of the United States”?

In National Association of Manufacturers v. Department of Defense the Supreme Court held unanimously that a legal challenge to the definition of “waters of the United States” (WOTUS) must begin in a federal district court not a federal court of appeals. What this ruling means for the 2015 WOTUS definitional rule is unclear. As Justice

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Supreme Court Agrees to Hear Legal Challenges to Third Travel Ban

In Trump v. Hawaii, the Ninth Circuit temporarily struck down President Trump’s third travel ban. Because of a Supreme Court order issued in December 2017, however, the third travel ban is currently in effect, regardless of the Ninth Circuit ruling. Now, the Supreme Court has agreed to review the Ninth Circuit decision — and an

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Why The North Carolina Gerrymandering Case Matters

When a three-judge panel struck down North Carolina’s 2016 Congressional redistricting plan, the case received a bit more media attention than the average Supreme Court redistricting case. That’s because it represented the third three-judge panel to strike down a partisan gerrymander — even though the Supreme Court has yet to articulate if and exactly when partisan-driven

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Cities Sue Washington Over Gun Background Check Database

Just before the start of the new year, the cities of New York, Philadelphia, and San Francisco continued a growing trend, popular in matters of legal authority, that began with last year’s fight over sanctuary jurisdictions: They sued the federal government. In their recently filed compliant, the three cities asked a federal district court in

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Ninth Circuit Temporarily Strikes Down Third Travel Ban

When, last month, the Ninth Circuit issued an opinion temporarily striking down President Trump’s third travel ban, the move was met with little fanfare. There are two likely reasons. First, the decision came down right before Christmas (December 22). And in early December, the Supreme Court allowed the third travel ban to go into effect until

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Supreme Court Will Again Consider Partisan Gerrymandering

The Supreme Court has accepted a second partisan gerrymandering case to be decided this term. The first case, Gill v. Whitford, may be more relevant to local governments as it involves state legislative redistricting; Benisek v. Lamone involves Congressional redistricting. Beyond the specifics though both cases raise the same question: whether and when partisan gerrymandering is

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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

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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

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