Tag: Supreme Court

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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D.C. Circuit Will Not Rule on Clean Power Plan — For Now

With its Friday ruling, the D.C. Circuit Court of Appeals has stayed the Clean Power Plan — but a Supreme Court review may be on the horizon. On Friday, the D.C. Circuit Court of Appeals granted the Trump Administration’s request to hold the Clean Power Plan (CPP) case in abeyance for 60 days. Additionally, the court asked the

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SCOTUS Same-Sex Marriage Oral Argument: Proceed, or Wait and See?

(Getty Images) Justice Kennedy has a lot to think about over the next two months when it comes to same-sex marriage. His first question (third of the argument) raised an issue that was discussed throughout Mary Bonauto’s argument in favor of a constitutional right to same-sex marriage: for millennia (not years, decades, or even centuries),

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Supreme Court Holds No Dog Sniffs After Completed Traffic Stops

In a 6-3 decision in Rodriguez v. United States, the Supreme Court held that a dog sniff conducted after a completed traffic stop violates the Fourth Amendment. In a dissent, Justice Alito describes the Court’s holding as “unnecessary, impractical, and arbitrary,” and suggests savvy officers can skirt it. Officer Struble pulled over Dennys Rodriguez after he

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A Quick Look at All Local Government Cases on This Year’s Supreme Court Docket

The Supreme Court’s 2014-2015 docket is now complete. While the same-sex marriage and Affordable Care Act cases will receive the most attention, the docket is chock-full of cases significant to local government. (Jung Soo Kang/Getty Images) The State and Local Legal Center’s (SLLC) Midterm Review article summarizes all the cases accepted and already decided that

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In ACA Argument, Justices Kennedy and Roberts Leave Everyone Guessing

In the case of Justice Kennedy, it was his questions; regarding Chief Justice Roberts, it was his silence… in both cases, cities were left guessing about the future of federal health insurance exchanges under the Affordable Care Act (ACA) after today’s oral argument. (Getty Images) Today the Supreme Court heard oral argument in King v.

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Don’t Ask, Do Tell: NLC Joins SCOTUS Amicus Brief in Religious Accommodation Case

Do you think employers should ask job applicants about the clothing they might wear for religious reasons? Or should applicants disclose their religious accommodation needs without being asked? (Getty Images) Traditional HR policy practices hold that employers shouldn’t ask prospective employees about protected characteristics such as age, sex, race, national origin, religion, etc. However, the

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Supreme Court Rules Correctional Institutions Must Allow Half Inch Beards for Religious Reasons

The Supreme Court’s opinion in Holt v. Hobbs communicated a rather pragmatic view of the prison security risks created by short beards – namely, that the beards aren’t much of a risk at all given that they are not an ideal place to hide contraband. (Getty Images) To the casual Supreme Court watcher, Holt v.

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Supreme Court to Decide If Police Officers Must Accommodate Mentally Ill Arrestees

Per the adoption of the Americans with Disabilities Act (ADA), accommodating persons with disabilities is the norm. Twenty-five years after the Act’s passage, the Supreme Court will decide whether it applies to police officers arresting a mentally ill suspect who is armed and violent. (Getty Images) In City & County of San Francisco v. Sheehan,

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Supreme Court to Set Specifics of Excessive Force Standard for Pretrial Detainees

Cities with jails take note: the Supreme Court has accepted a case which will determine how hard or easy it is for pretrial detainees to win excessive force claims for money damages against your city. (Getty Images) Since the 1980s (and arguably the 1970s) the Supreme Court has been clear: a pretrial detainees’ right to

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