Policy Area

In Jones v. Mississippi the U.S. Supreme Court held 6-3 that sentencing a juvenile convicted of homicide to life without parole doesn’t require a separate factual finding of permanent incorrigibility or an on-the-record explanation with an implicit finding of permanent incorrigibility.

In Miller v. Alabama (2012) the Supreme Court held that the Eighth Amendment requires that...

House and Senate Democrats have proposed a bill to expand the U.S. Supreme Court from nine Justices to 13.

Currently, six Justices generally vote (or in the case of Justice Barrett are predicted to vote) conservative in big, controversial cases. If four seats were added to the Supreme Court and filled with Biden nominees, the balance of power would shift left--particularly in cases involving hot button issues.

While Congress has passed legislation over the years changing the number of Justices, since 1869 the number...

In Tandon v. Newsom the U.S. Supreme Court ruled 5-4 that the Ninth Circuit should have preliminarily struck down California’s and Santa Clara County’s COVID rule permitting only three families to gather in homes at a time. The Supreme Court reasoned that this rule likely violates the First Amendment because at-home religious exercise is treated less favorably than comparable secular activities.

In an unauthored decision the Supreme Court...

In a U.S. Supreme Court amicus brief filed in PennEast Pipeline Co. v. New Jersey the State and Local Legal Center (SLLC) argues that the Natural Gas Act doesn’t allow private parties to condemn state land.

The Natural Gas Act (NGA) authorizes private gas companies like PennEast to obtain necessary rights of...

In Cameron v. EMW Women’s Surgical Center the U.S. Supreme Court will decide whether an attorney general should be permitted to intervene in a lawsuit after a federal court of appeals invalidates a state statute when no other state actor will defend the law.  

In 2018 Kentucky passed an abortion law, and the Secretary of Health and Family Services was sued. Lawyers from Health and Family Services and the Office of...

As the nation seeks to reach

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In City of San Antonio, Texas v. Hotels.com, L.P., the State and Local Legal Center (SLLC) filed a Supreme Court amicus brief arguing federal district courts should be able to waive the general rule that the loser on appeal pays the winner’s appellate costs.

The City of San Antonio won in federal district court a class action lawsuit against online travel companies (OTCs) requiring them to collect occupancy...

In Uzuegbunam v. Preczewski the Supreme Court held 8-1 that to have a “redressable injury” required to bring a lawsuit a plaintiff need only ask for nominal damages ($1). The State and Local Legal Center (SLLC) filed an amicus brief in this case asking the Court to hold that a lawsuit for nominal damages only is moot...

In Heck v. Humphrey (1994), the Supreme Court held that a plaintiff can’t bring a civil suit for wrongful conviction unless his or her conviction was “favorably terminated.” But what if charges were dropped and the plaintiff was never convicted? In Thompson v. Clark the Supreme Court will decide when a plaintiff who was charged but never prosecuted may bring a malicious...

In Gateway City Church v. Gavin Newsom, the U.S. Supreme Court struck down a Santa Clara County, California, stay-at-home order disallowing indoor religious services.

In February 2021, in South Bay United Pentecostal Church v. Newsom, a divided Supreme Court struck down California’s ban on indoor religious services in places...

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