Government

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...

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...

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...

In a 5-4 decision in Roman Catholic Diocese of Brooklyn, New York v. Cuomo, the Supreme Court has prevented New York’s governor from enforcing certain restrictions on attendance at religious services due to COVID-19. Until this decision, the Supreme Court had allowed all challenged stay-at-home orders which it reviewed on an emergency basis to remain in effect. The Chief Justice dissented as did Justices Breyer, Sotomayor, and Kagan.     

The...

In an amicus brief in Uzuegbunam v. Preczewski the State and Local Legal Center (SLLC) argues that when a government entity changes a policy after a lawsuit has been filed and the plaintiff only asks for nominal damages the case is moot.

Two Georgia Gwinnett College students sued the college over its Freedom of Expression policy,...

On November 30, one month before the Secretary of Commerce is supposed to report to the President the results of the census, the Supreme Court will hear oral argument in New York v. Trump. In this case, a three-judge panel ruled that the Secretary of Commerce may not provide the President with a census count that excludes undocumented persons. The state-by-state population breakdown the Secretary of...

The Supreme Court has frozen in place a district court order requiring the Census Bureau to continue counting people through October 31. As a result, the Census Bureau may immediately stop the count.  

The Census Bureau lost 47 dates of field operations (counting people) due to COVID-19 between March and May. In April it announced it would extend field operations until October 31. In August it changed the ending date of field operations to September 30...

In National Urban League v. Ross the Ninth Circuit allowed a lower court ruling to stay in effect requiring the census count to continue through October 31. But it blocked the portion of the lower court ruling that the federal government may not attempt to meet the December 31 statutory deadline for...

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