Federalism

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...

With no details or dissents, the U.S. Supreme Court denied a petition for an emergency stay of the Pennsylvania Supreme Court’s decision upholding Governor Tom Wolf’s executive order “compelling the closure of the physical operations of all businesses and entities that he deemed to be nonlife-sustaining.”

Wolf allowed non-life sustaining...

A number of Pennsylvania business owners have requested that the U.S. Supreme Court stay enforcement of Governor Wolf’s executive order “compelling the closure of the physical operations of all businesses and entities that he deemed to be nonlife-sustaining.”

Governor Wolf allowed non-lifesustaining businesses to apply for a waiver; 18,746 waiver applications have been denied to date.

The business owners allege the executive...

In Georgia v. Public.Rescource.Org the Supreme Court held 5-4 that non-binding, explanatory legal materials created by state legislatures cannot be copyrighted.

The Official Code of Georgia Annotated (OCGA) contains various non-binding supplementary materials including summaries of judicial decisions and attorney general opinions and a list of law review articles related to current statutory provisions. The OCGA is assembled by the Code...

On March 18, 2020, Congress enacted the Families First Coronavirus Response Act (FFCRA), providing certain workers up to ten paid sick days and up to twelve weeks of emergency family leave in response to the coronavirus pandemic.

On April 1, 2020, the Department of Labor (DOL) issued a final rule implementing the FFCRA. In a lawsuit, New York challenges four aspects of the final rule.

Generally, New York objects to the final rule because it...

Whether lower courts may issue nationwide injunctions is one of a number of legal issues the Supreme Court will decide in Trump v. Pennsylvania and Little Sister of the Poor Saints Peter and Paul Home v. Pennsylvania. Nationwide injunctions are controversial because they benefit non-parties. For...

In Allen v. Cooper the Supreme Court held unanimously that a state cannot be sued for copyright infringement. In short, the Court found that Congress lacked the authority to strip states of their sovereign immunity in the Copyright Remedy Clarification Act (CRCA) of 1990.

After the pirate Blackbeard’s flagship Queen Anne’s Revenge was discovered in 1996 off the coast of Beaufort, North Carolina, the current owner of the ship, North...

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