Capitol Comments

The Supreme Court turned down a request by the Texas Democratic Party to reinstate a federal district court preliminary injunction ordering Texas to permit all voters to “apply for, receive, and cast an absentee ballot in upcoming elections during the pendency of pandemic circumstances.”

The Fifth Circuit stayed the injunction and the...

In Espinoza v. Montana Department of Revenue, the Supreme Court held 5-4 that the U.S. Constitution’s Free Exercise Clause allows families to receive tax-credit funded scholarships to attend religious schools regardless of the Montana Constitution’s no-aid to sectarian schools provision.

The Montana legislature established a program offering tax credits for donations to “student scholarship organization,” which give children scholarships to...

In a 5-4 decision in June Medical Services v. Russo the Supreme Court struck down Louisiana’s admitting privileges law. Five Justices agreed that Louisiana’s law created an unconstitutional “substantial obstacle” to women obtaining abortions.

A Louisiana law requiring abortion providers to hold admitting privileges at a nearby hospital was nearly identical to a Texas law the Supreme Court struck down 5-4 in...

In a 5-4 decision in DHS v. Regents of the University of California, the Supreme Court held that the decision to wind-down the Deferred Action for Childhood Arrivals (DACA) program violated the Administrative Procedures Act (APA). It is possible the Department of Homeland Security (DHS) will try again to end DACA.

DACA was established by DHS during the Obama presidency. The program allows certain undocumented persons who arrived in the United...

The Supreme Court refuses to hear thousands of cases a year. So, the denial of a petition, or even multiple petitions on the same issue, is rarely noteworthy. On Monday the Supreme Court denied nine petitions involving qualified immunity and 10 petitions involving guns. Had the Court accepted any of these petitions the case would have had...

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