State and Local Legal Center

The U.S. Supreme Court will decide six big cases this term—five of them will directly impact the states. Redistricting and preemption cases are also popular with the court this term. The Supreme Court will decide four redistricting cases—including a “big” redistricting case—and four preemption cases. Justice Scalia’s death is likely to impact the outcome of many of the cases important to the states.

In Franchise Tax Board of California v. Hyatt the Supreme Court held 6-2 that the Constitution’s Full Faith and Credit Clause requires state courts to apply a damages cap, which applies to the state, to  foreign states and local governments sued in its court.

The State and Local Legal Center filed an amicus brief in this case asking the Court to reach this result. State and local governments are frequently sued out-of-state and will benefit if other states’ immunities apply to them.  

U.S. Supreme Court Justice Antonin Scalia’s death on Feb. 13 came at an uncertain time in our nation’s history, as we are quickly approaching a presidential election. Unsurprisingly, while some of the news coverage has focused on the substance of his nearly 30-year career as a Supreme Court justice, much of it has focused on the challenges of replacing him. The public knew Justice Scalia as a conservative, particularly on social issues like abortion, the death penalty and same-sex marriage. Attorneys will remember Justice Scalia as an “originalist,” who believed that the U.S. Constitution should be interpreted as the founders intended, and a “textualist,” who interpreted laws by looking only at the words on the page. Court watchers admired Justice Scalia’s beautifully written, clear and often colorful opinions. But what was Justice Scalia’s impact on state and local governments?

If someone has spent or hidden their ill-gotten gain but has additional assets untainted by their crime, should the government be able to freeze the untainted assets? The State and Local Legal Center (SLLC) amicus brief in Luis v. United States argues yes. State and local governments—police departments in particular—receive criminal asset forfeitures. Any many states statutes also allow freezing of substitute assets.

It’s opening day at the Supreme Court!

With at least 20 cases more to accept between now and the end of January, what issues of interest to states is the Court likely to agree to hear in the near future?

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