Capitol Comments

House and Senate Democrats have proposed a bill to expand the U.S. Supreme Court from nine Justices to 13.

Currently, six Justices generally vote (or in the case of Justice Barrett are predicted to vote) conservative in big, controversial cases. If four seats were added to the Supreme Court and filled with Biden nominees, the balance of power would shift left--particularly in cases involving hot button issues.

While Congress has passed legislation over the years changing the number of Justices, since 1869 the number...

In Tandon v. Newsom the U.S. Supreme Court ruled 5-4 that the Ninth Circuit should have preliminarily struck down California’s and Santa Clara County’s COVID rule permitting only three families to gather in homes at a time. The Supreme Court reasoned that this rule likely violates the First Amendment because at-home religious exercise is treated less favorably than comparable secular activities.

In an unauthored decision the Supreme Court...

In a U.S. Supreme Court amicus brief filed in PennEast Pipeline Co. v. New Jersey the State and Local Legal Center (SLLC) argues that the Natural Gas Act doesn’t allow private parties to condemn state land.

The Natural Gas Act (NGA) authorizes private gas companies like PennEast to obtain necessary rights of...

In Cameron v. EMW Women’s Surgical Center the U.S. Supreme Court will decide whether an attorney general should be permitted to intervene in a lawsuit after a federal court of appeals invalidates a state statute when no other state actor will defend the law.  

In 2018 Kentucky passed an abortion law, and the Secretary of Health and Family Services was sued. Lawyers from Health and Family Services and the Office of...

In City of San Antonio, Texas v. Hotels.com, L.P., the State and Local Legal Center (SLLC) filed a Supreme Court amicus brief arguing federal district courts should be able to waive the general rule that the loser on appeal pays the winner’s appellate costs.

The City of San Antonio won in federal district court a class action lawsuit against online travel companies (OTCs) requiring them to collect occupancy...

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