Capitol Comments

This term the U.S. Supreme Court will hear at least five cases involving Fourth Amendment searches.  Two involve drug sniffing dogs, one involves warrantless blood draws from DUI suspects, and another involves detaining a person who has left the premises before executing a search warrant.  In Maryland v. King the Supreme Court will decide whether the Fourth Amendment allows states to collect and analyze DNA, without a warrant, from people arrested and charged with serious crimes. 

The State and Local Legal Center (SLLC) filed an amicus brief in Maryland v. King, which CSG signed onto, because this case involves a challenge to the constitutionality of a state statute.  In fact, twenty-eight states and the federal government have adopted DNA arrest laws. 

Remember Nollan and Dolan?  The U.S. Supreme Court will decide a case which the Florida Supreme Court calls the clearest inconsistency in the interpretation of the scope of Nollan and Dolan in Koontz v. St. Johns River Water Management District.  CSG signed onto an amicus brief filed by State and Local Legal Center (SLLC) in this case.  

Need a Nollan and Dolan refresher?  In these cases the U.S. Supreme Court held that when the government requests the dedication of land as a condition for issuing a permit there must be an “essential nexus” between the dedication of land and denying the permit and “rough proportionality” between the dedication of land and the impact of the development.   

Remember Nollan and Dolan?  The U.S. Supreme Court will decide a case which the Florida Supreme Court calls the clearest inconsistency in the interpretation of the scope of Nollan and Dolan in Koontz v. St. Johns River Water Management District.  CSG signed onto an amicus brief filed by State and Local Legal Center (SLLC) in this case.  

Need a Nollan and Dolan refresher?  In these cases the U.S. Supreme Court held that when the government requests the dedication of land as a condition for issuing a permit there must be an “essential nexus” between the dedication of land and denying the permit and “rough proportionality” between the dedication of land and the impact of the development.   

The issue the Supreme Court will decide in City of Arlington & Cable, Telecommunications, and Technology Committee v. FCC is whether courts should defer to a federal agency’s determination that it has authority to interpret a statute.   If this issue seems a bit esoteric, the facts of the case help illustrate what is at stake for state government. 

For the third time in two Supreme Court terms, the Court will decide a Medicaid case.  While Delia v. E.M.A. isn’t nearly as big of a deal as the Affordable Care Act case, it is significant for a least two reasons, from the perspective of state government.  First, the case involves preemption of a state statute.  Second, during a time when Medicaid costs are skyrocketing, this case will affect states’ ability to...

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