Supreme Court

Virginia has the largest known uranium deposit in the United States. Since its discovery in the 1980s the Virginia legislature has banned uranium mining. Unsurprisingly the land owner, Virginia Uranium, wants to mine. In Virginia Uranium v. Warren the Supreme Court will decide whether the Atomic Energy Act (AEA) preempts the ban.

The AEA allows states to “regulate activities for purposes other than protection against radiation hazards.” Virginia and Virginia Uranium agree uranium mining isn’t an “activity” per the AEA so states may regulate it for safety reasons. Uranium-ore milling and tailings storage are “activities” under the AEA so states can’t regulate them for safety reasons. Milling is the process of refining ore and tailings storage refers to the remaining (radioactive) material which must be stored.

CSG Midwest
Over the next five years, the state of Kansas will invest an additional half-billion dollars in its K-12 schools as the result of legislation signed into law earlier this year. “The amount of money that we have committed to spend is, at least, approaching an appropriate level,” says Kansas Rep. Melissa Rooker, noting that legislators already had increased state funding by $300 million during the 2017 session.
Finding that “appropriate level,” not only in the eyes of the Legislature but also the state Supreme Court, has dominated discussion in Topeka for the past several years. Last October, following passage of legislation in 2017, the Kansas Supreme Court ruled that the state still had not proven the constitutionality of its finance system.

In Byrd v. United States the Supreme Court held unanimously that the driver of a rental car generally has a reasonable expectation of privacy in the rental car even if he or she isn’t listed as an authorized driver on the rental agreement.   

A state trooper pulled Terrance Byrd over for a possible traffic infraction. Byrd’s name was not on the rental agreement. He told the officer a friend had rented it. Officers searched the car and found 49 bricks of cocaine and body armor.

While the Fourth Amendment prohibits warrantless searches, generally probable cause a crime has been committed is enough to search a car. To claim a violation of Fourth Amendment rights a defendant must have a “legitimate expectation of privacy in the premises” searched.  

The legal issue in Guido v. Mount Lemmon Fire District could not be simpler; but the law is tricky. In this case the Supreme Court will decide whether the federal Age Discrimination in Employment Act (ADEA) applies to state and local government employers with less than 20 employees. The State and Local Legal Center (SLLC) amicus brief argues it should not.

John Guido was 46 and Dennis Rankin was 54 when they were terminated by the Mount Lemmon Fire District due to budget cuts. They claim they were terminated because of their age in violation of the ADEA. They were the oldest of the district’s 11 employees. 

The fire district argues that the ADEA does not apply to it because it employs fewer than 20 people.

Knick v. Township of Scott involves a common theme before the Supreme Court. One party is asking it to overturn long-standing Supreme Court precedent. Unfortunately for states and local governments the precedent on the chopping block arises in the property rights context (where the more conservative Supreme Court tends to favor property owners) and is generally considered favorable to states and local governments.  

The Township of Scott adopted an ordinance requiring cemeteries, whether public or private, to be free and open and accessible to the public during the day. Code enforcement could enter any property to determine the “existence and location” of a cemetery.

The Constitution’s Takings Clause states that “private property [shall not] be taken for public use, without just compensation.” Rose Mary Knick sued the county in federal (rather than state) court claiming the ordinance was invalid per the Takings Clause after code enforcement went onto her property without a warrant looking for a cemetery.

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