Supreme Court

In a 5-4 decision the Supreme Court held in McGirt v. Oklahoma that for purposes of the Major Crimes Act (MCA) three million acres, including most of the City of Tulsa, is a Creek reservation.

Per the federal MCA only the federal government may prosecute Native Americans who commit specific crimes within “Indian country.” Oklahoma state court convicted Jimcy McGirt, a member of the Seminole Nation of Oklahoma, for three serious sexual...

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 a 7-2 decision in Little Sisters of the Poor v. Pennsylvania the Supreme Court held that religious employers and employers with moral objections may be exempted from the Affordable Care Act’s (ACA) contraceptive mandate.

The State and Local Legal Center (SLLC) filed an amicus ...

Without explanation, without referring the matter to the entire Court, and without calling for a response, Justice Kavanaugh denied a request for an emergency injunction to strike down Illinois Governor Pritzker’s executive order limiting gatherings to 50 people while exempting religious gathering.

Likely Justice Kavanaugh refused to grant the injunction because the standard is high. The Supreme Court only grants...

In Chiafalo v. Washington, the Supreme Court upheld Washington state’s law fining “faithless” electors that do not vote for the candidate that won the state’s popular vote. Likewise, the Court reversed the Tenth Circuit’s decision in Baca v. Colorado Dept. of State, which held that removing a “faithless” elector was unconstitutional. Justice Kagan wrote the opinion...

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