Capitol Comments

On Friday night the U.S. Supreme Court rejected Texas’s lawsuit challenging the results of the presidential election in Georgia, Michigan, Wisconsin, and Pennsylvania.  

Texas filed its lawsuit directly in the Supreme Court rather than in a lower court first relying on a constitutional provision giving the Supreme Court “...

In Carney v. Adams the Supreme Court held unanimously that James Adams lacked standing to challenge a Delaware constitutional provision that requires that appointments to Delaware’s major courts reflect a partisan balance.

Delaware’s Constitution states that no more than a bare majority of members of any of its five major courts may belong to any one political party. It also requires, with respect to three of those courts, that the remaining...

In a unanimous decision the U.S. Supreme Court held in Rutledge v. Pharmaceutical Care Management Association that states may regulate the price at which pharmacy benefit managers (PBMs) reimburse pharmacies for the cost of prescription drugs without violating the Employee Retirement Income Security Act (ERISA).  

PBMs act as an intermediary between prescription-drug plans and pharmacies. When a pharmacy fills a prescription the PBM reimburses...

Yesterday, in a one-sentence statement containing no recorded dissents, the U.S. Supreme Court refused to strike down Pennsylvania’s no-excuse absentee ballot scheme. December 8, 2020, was the “safe harbor” deadline for the votes of Pennsylvania’s presidential and vice-presidential electors to be included in the counting of electoral votes.

Challengers...

Over no noted dissents and without an opinion, the Supreme Court ordered a federal district court to decide again whether California may ban all indoor religious services in counties most severely hit by COVID-19. The order instructs the federal district court to reconsider this case, Harvest Rock Church v. Newsome, in light of the Supreme Court decision last week in...

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