Federalism

President Trump’s memoranda on anarchist cities, while generating significant criticism, does not take federal money away—yet. If the federal government actually tries to do so, affected jurisdictions will...

The City of Philadelphia refused to contract with Catholic Social Services (CSS) to place foster care children because CSS wouldn’t work with same-sex couples. Philadelphia requires all foster care agencies to follow its “fair practices” ordinance, which prohibits sexual orientation discrimination in public accommodations.

The main question in Fulton v. City of Philadelphia is whether Philadelphia has violated the...

In Calvary Chapel Dayton Valley v. Sisolak the Supreme Court allowed the Nevada governor’s COVID-19 restrictions on the number of people who may attend religious services to stand.

The lower courts refused to grant the church an injunction in this case so they...

The question the Supreme Court will decided in Uzuegbunam v. Preczewski is whether the government changing a policy after a lawsuit has been filed renders the case moot if the plaintiff has only asked for nominal damages.

Georgia Gwinnett College students Chike Uzuegbunam and Joseph Bradford sued the college over its Freedom of Expression policy, which only allowed students to engage in expressive activities in two designated areas after getting a...

The President’s tax returns are unlikely to be available to the public soon as a result of two Supreme Court cases. Nevertheless, Trump v. Vance is a victory for state and local government authority. In this case the Supreme Court held 7-2 that the U.S. Constitution doesn’t “categorically preclude, or require a heightened standard for, the issuance of a state criminal subpoena to a sitting President.”  

Regardless of this decision, the...

In fact, Justice Kavanaugh (fairly) describes Justice Breyer as arguing in favor of overruling Reed v. Town of Gilbert (2015).  

In Barr v. American Association of Political Consultants the Supreme Court held 6-3 that the Telephone Consumer Protection Act’s (TCPA) debt-collection exception was content-based, failed strict scrutiny, and therefore violated the First Amendment.

The State and Local Legal Center filed an ...

In Espinoza v. Montana Department of Revenue, the Supreme Court held 5-4 that the U.S. Constitution’s Free Exercise Clause allows families to receive tax-credit funded scholarships to attend religious schools regardless of the Montana Constitution’s no-aid to sectarian schools provision.

The Montana legislature established a program offering tax credits for donations to “student scholarship organization,” which give children scholarships to...

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...

On Friday night, close to midnight, the Supreme Court in a 5-4 decision rejected a request from a number of California churches to strike down the portion of California governor’s stay-at-home order limiting attendance at places of worship to 25% of building capacity or a maximum of 100 attendees.

Chief Justice Roberts wrote a brief, concurring opinion explaining his vote. First, he noted that the churches face a high bar in obtaining...

The Supreme Court heard oral argument in two cases involving subpoenas of President Trump’s pre-presidency tax returns and other financial documents from third parties.

Trump v. Mazars involves House Committees’ subpoenas of the President’s financial records. According to the House Committees, the Supreme...

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