Capitol Comments

In a Supreme Court amicus brief in Cedar Point Nursery v. Hassid the State and Local Legal Center (SLLC) argues that temporary entry onto private property by government officials isn’t a “taking.”

The U.S. Constitution’s Fifth Amendment allows the government to “take” private property as long as it pays “...

In an unauthored opinion in Trump v. New York, the U.S. Supreme Court refused to decide whether President Trump could lawfully and constitutionally direct the Secretary of Commerce to provide information to him about the number of undocumented persons so he could exclude them from the census apportionment base. As a result, President Trump’s memorandum to this effect survives for now.

Federal law requires the Secretary of Commerce to “take a...

In Danville Christian Academy v. Beshear the U.S. Supreme Court allowed a Sixth Circuit decision to remain in place which upheld Kentucky Governor Andy Beshear’s executive order closing all K-12 schools, including religious schools, from November 18 until January 4 due to the COVID-19 pandemic.

The governor’s “school” executive order temporarily closed all elementary, middle, and high schools but allowed preschools, colleges, and...

The U.S. Supreme Court sent two cases involving limits on religious service attendance back to lower courts to reconsider in light of Roman Catholic Diocese of Brooklyn, New York v. Cuomo. In that case the Court ruled 5-4 that New York’s limits on attending religious services to 10 or 25 people while grocery stores, banks, and laundromats, etc. could admit as many people as the liked, likely violated the First Amendment. Prior to the New York case the...

In NCAA. v. Alston and AAC v. Alston the U.S. Supreme Court will decide whether the National Collegiate Athletic Association (NCAA) eligibility rules which prohibit pay-to-play violate antitrust law. The Ninth Circuit ruled against the NCAA. Numerous state legislatures have...

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