Tag: Supreme Court

Why the Census is Headed To SCOTUS

For more on how to prepare your city for the 2020 census visit NLC.org/census. In March 2018 Secretary of Commerce Wilbur Ross issued a memorandum stating a citizenship question would be added to the 2020 census questionnaire. In In Re Department of Commerce the Supreme Court will not be deciding whether this question may be

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Supreme Court Will Hear First Amendment Retaliatory Arrest Case

Every year, the Supreme Court hears and rules in a wide variety of difficult cases. And when it comes to the legal matters at stake, some tend to pop up once, while others recur over years or decades. But in recent years, no issue has vexed the court quite like one nagging question: whether probable cause

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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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Supreme Court Blocks Disclosure Requirements for California Pregnancy Clinics

On Tuesday, in a 5-4 decision in National Institute of Family and Life Advocates v. Becerra, the Supreme Court ruled that a California law requiring licensed pregnancy clinics to disclose they don’t offer abortions and unlicensed pregnancy clinics to disclose the fact they are unlicensed likely violates the First Amendment. The ruling has significant implications

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President Trump Wins Travel Ban Supreme Court Case

On Tuesday, in a 5-4 decision in Trump v. Hawaii, the Supreme Court ruled in favor of President Trump’s travel ban. The third travel ban indefinitely prevents immigration from six countries: Chad, Iran, Libya, North Korea, Syria and Yemen. Hawaii and others had sued President Trump claiming the ban was illegal and unconstitutional. The court

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States and Local Governments Win Landmark Online Sales Tax Case

On Thursday, in South Dakota v. Wayfair, the Supreme Court ruled that states and local governments can require vendors with no physical presence in the state to collect sales tax. According to the court, which ruled in a 5-4 decision, “economic and virtual contacts” are enough to create a “substantial nexus” with the state allowing

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On Gerrymandering, Supreme Court Decisions Offer Little Clarity

In 1986, a majority of the Supreme Court agreed that partisan gerrymandering may be unconstitutional in certain circumstances. But in that case, and since then, the court has failed to agree on a standard for when partisan gerrymandering crosses the line. This week, that streak continued. In Gill v. Whitford and Benisek v. Lamone the

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What the Supreme Court’s Voting Rights Decision Means for Cities

This week, the Supreme Court held in Husted v. A. Philip Randolph Institute that Ohio’s processes of removing people from the voter rolls does not violate federal law. The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting Ohio — and twelve other states maintain their voter rolls using a similar process. For city

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Is Your City Ready for Sports Gambling?

In a 6-3 decision in Murphy v. National Collegiate Athletic Association the Supreme Court declared the federal Professional and Amateur Sports Protection Act (PASPA) unconstitutional. PASPA, adopted in 1992, prohibits states from authorizing sports gambling. The State and Local Legal Center (SLLC) filed an amicus brief asking the Court to rule PASPA violates the Constitution’s

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