Public Safety

The Second Circuit has become the first federal court of appeals to rule in favor of the Attorney General’s decision to add conditions to receiving federal Edward Byrne Memorial Justice Assistance Grant Program (Byrne JAG) grants.

Congress created Byrne JAG in 2006 to provide “flexible” funds for state and...

CSG Midwest
The future of South Dakota’s marijuana laws is in the hands of the state’s voters. In late 2019 and early 2020, Secretary of State Steve Barnett validated the signatures of petitions for two different ballot proposals — one is an initiated measure to legalize marijuana for medical purposes, the second is a proposed constitutional amendment to legalize recreational and medical marijuana.

The State and Local Legal Center (SLLC) amicus brief in City of Chicago, Illinois v. Fulton argues that the Supreme Court should rule that a local government need not immediately return a vehicle impounded because of code violations upon a debtor filing for bankruptcy.

The City of Chicago impounds...

The Supreme Court has stayed a nationwide injunction which disallowed the public charge rule from going into effect anywhere in the United States. For now, the public charge rule will remain in effect across the country (except in Illinois) until the Second Circuit, and the Supreme Court, if it decides to get involved, rules in this case.

Since 1882, when Congress enacted the first comprehensive immigration statute, it prohibited the admission to the...

The State and Local Legal Center’s (SLLC) Supreme Court amicus brief in Lomax v. Ortiz-Marquez  argues that a dismissal without prejudice for failure to state a claim counts as a strike under the Prison Litigation Reform Act (PLRA). Less technically, the SLLC brief is aimed at decreasing meritless prisoner litigation...

The Supreme Court has held that excessive force violates the Fourth Amendment’s prohibition against “unreasonable searches and seizures.” The question in Torres v. Madrid is whether police have “seized” someone who they have used force against who has gotten away.   

In this case police officers approached Roxanne Torres thinking she may be the person they intended to arrest. At the time Torres was “tripping” from using meth for several days...

The Supreme Court refuses to review thousands of lower court decisions every year. Its decision to not review Martin v. City of Boise isn’t entirely surprising. The Supreme Court generally only agrees to hear cases where there is a circuit split—that is the lower courts have disagreed on how the law applies to a particular issue. Martin v. City of Boise raised no circuit split.

In Martin v. City of Boise the Ninth...

CSG Midwest
As the result of a bipartisan package of bills signed into law in October, most 17-year-old offenders in Michigan will no longer be treated as adults in the state’s criminal justice system. The goal of the “Raise the Age” Law is to better treat and rehabilitate young offenders by having them go through Michigan’s juvenile justice system. For teenagers who commit certain violent offenses, a prosecutor will have discretion to try them as adults.
CSG Midwest
Kansas and Nebraska have among the strongest laws in the nation to prevent sex trafficking of minors and to help victims of these crimes, according to the advocacy group Shared Hope International. Both of those Midwestern states received “A” grades in the group’s national report card for 2019. These grades are based on 41 components of state law — for example, the criminal penalties for perpetrators and facilitators of trafficking crimes; the types of legal protections and services provided to victims; and the investigative tools given to law enforcement.

If you went to the Supreme Court today to check on Justice Ginsburg’s health, you were in luck. She asked the very first question (and many after) in oral argument in New York State Rifle & Pistol Association Inc. v. City of New York, New York.

If you came to hear a robust discussion of whether New York City’s now-repealed gun regulation violates the Second Amendment...

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