Tag: Supreme Court

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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Significant Homeless Decision Stands

In Martin v. City of Boise, the Ninth Circuit held that if a homeless person has no option of sleeping indoors a city cannot cite him or her for violating an ordinance disallowing sleeping outside in a public space. This significant holding is now final. The Supreme Court refuses to review thousands of lower court

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Unpacking the “Bridgegate” Case

Kelly v. United States is a conflux of fascinating law and facts. The basic question the Supreme Court will decide is whether the masterminds of “Bridgegate” have committed fraud in violation of federal law. The more technical question is whether a public official “defrauds” the government of its property by advancing a “public policy reason”

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What You Need to Know About the Supreme Court Census Ruling

Chief Justice Roberts joined his more liberal colleagues (Justices Ginsburg, Breyer, Sotomayor, and Kagan) concluding the reasons Commerce Secretary Wilbur Ross gave for adding the citizenship question to the 2020 census were pretextual in violation of the Administrative Procedures Act (APA). Presumably, Secretary Ross will now be able to offer different reasons for why he

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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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Expect to See a Citizenship Question in the 2020 Census

Predicting the outcome of a Supreme Court case based on oral argument is foolhardy. But unless the more liberal Justices (Ginsburg, Breyer, Sotomayor, and Kagan) are able to pick up the vote of a more conservative Justice (Roberts, Thomas, Alito, Gorsuch, and Kavanaugh) it seems likely the 2020 census will contain a question about citizenship.

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