Capitol Comments

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...

In a 6-3 decision in Bostock v. Clayton County the Supreme Court held that gay and transgender employees may sue their employers under Title VII for discriminating against them because of their sexual orientation or gender identity. Title VII of the Civil Rights Act of 1964 outlaws employment discrimination on the basis of race, color, religion, sex, and national origin.

This case will significantly affect states and local...

The doctrine of qualified immunity protects state and local officials from individual liability unless the official violated a clearly established constitutional right. Some of the police reform bills Congress is considering eliminate qualified immunity for state and local police and correctional officers.

What does it mean for a state or local official to have qualified immunity and what would the impact be if it was eliminated?

The evolution of qualified immunity began in 1871 when Congress adopted 42 U.S.C. § 1983...

The Supreme Court ruled unanimously in Lomax v. Ortiz that a dismissal without prejudice for failure to state a claim counts as a strike under the Prison Litigation Reform Act (PLRA). The State and Local Legal Center (SLLC) filed an amicus brief in this case arguing for this result.

The PLRA contains a...

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