The nomination of Judge Brett Kavanaugh to the Supreme Court has touched off a battle between Republicans eager to reshape the court by moving Justice Anthony Kennedy’s “swing seat” to the right and Democrats desperate to ensure that any change is minimal. Much of the national conversation on a “Justice” Kavanaugh centers around his potential views on the social issues for which Kennedy was the swing vote, particularly abortion and overturning Roe v. Wade. Kavanaugh is something of an enigma on the issue: He stated at his confirmation hearing for the D.C. Circuit Court of Appeals that he was bound by Roe v. Wade as precedent. But he named Chief Justice Rehnquist (who dissented in Roe) as a judicial hero, and he voted to uphold restrictions on abortion in certain situations while on the lower court.
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.
As of the end of July, U.S. Supreme Court Justice Anthony Kennedy is retired. For many state and local governments he will be forever remembered as the justice who championed allowing online sales tax collection.
In March 2015, Kennedy wrote that the “legal system should find an appropriate case for this Court to reexamine Quill,” which held that businesses without a physical presence in the state did not have to collect sales tax. In his last majority opinion on the bench, South Dakota v. Wayfair, the Supreme Court overturned Quill.
As of the end of July, Justice Anthony Kennedy is retired. For states and local governments he will be forever remembered as the Justice who championed allowing online sales tax collection.
In March 2015, Justice Kennedy wrote that the “legal system should find an appropriate case for this Court to reexamine Quill,” which held that businesses without a physical presence in the state did not have to collect sales tax. In his last majority opinion on the bench, South Dakota v. Wayfair, the Supreme Court overturned Quill.
Justice Kennedy was a pivotal Justice for most of his thirty year tenure on the Supreme Court. He often provided the Court’s crucial fifth vote on hot-button national issues. In Planned Parenthood v. Casey, Justice Kennedy blazed a middle path, writing part of the opinion that moved the Court slightly to the right while declining to overrule Roe v. Wade. In LGBTQ cases Justice Kennedy played a much more progressive role, writing for the majority to strike down a law allowing for same-sex discrimination and eventually striking down gay marriage bans in Obergefell v. Hodges.
Numerous academics have complained about the Supreme Court frequently reversing lower court decisions that have denied police officers qualified immunity. In Sause v. Bauer the Court reversed (and remanded) a grant of qualified immunity.
In a unanimous per curiam (unauthored) opinion, the Supreme Court remanded this case back to the lower court to reconsider its decision granting qualified immunity to police officers who ordered a person to stop praying.
The Supreme Court held 5-4 in Janus v. AFSCME that state statutes allowing public sector employers and unions to agree that employees who don’t join the union must still pay their “fair share” of collective bargaining costs violate the First Amendment. The Court also held that employees must “affirmatively consent” to join the union. More than 20 states authorize “fair share” for public sector employees.
In Abood v. Detroit Board of Education (1977) the Supreme Court held that the First Amendment does not prevent “agency shop” arrangements where public employees who do not join the union are still required to pay their “fair share” of union dues for collective-bargaining, contract administration, and grievance-adjustment. In Janus, the Supreme Court overruled Abood.
In a 5-4 decision in National Institute of Family and Life Advocates v. Becerra, the Supreme Court ruled that a California law requiring licensed pregnancy clinics to disclose they don’t offer abortions and unlicensed pregnancy clinics to disclose the fact they are unlicensed likely violates the First Amendment. The State and Local Legal Center (SLLC) filed an amicus brief in this case asking the Court not to apply the highest level of scrutiny (strict scrutiny) to commercial speech or to every disclosure requirement adopted by states and local governments.
California law requires that “licensed covered facilities” that provide family planning or pregnancy-related services must disseminate a notice stating that publicly-funded family planning services, including contraception and abortion, are available. It also requires “unlicensed covered facilities” to disseminate a notice they are unlicensed. The author of the law noted there are nearly 200 licensed and unlicensed crisis pregnancy centers in California. These centers “aim to discourage and prevent women from seeking abortions.”
The National Institute of Family and Life Advocates (NIFLA) operates licensed and unlicensed covered facilities that don’t offer abortions. It argues these requirements violate its First Amendment right to free speech.
In a 5-4 decision in Trump v. Hawaii the Supreme Court ruled in favor of President Trump’s travel ban.
The third travel ban indefinitely prevents immigration from six countries: Chad, Iran, Libya, North Korea, Syria, and Yemen. Hawaii and others sued President Trump claiming the ban was illegal and unconstitutional.
The Court agreed to decide four issues. First, whether the case is justiciable, meaning whether the legal issues are “fit for review.” Second, whether the third travel ban exceeds the President’s authority under the Immigration and Nationality Act (INA). Third, whether the travel ban violates the Establishment Clause because it seeks to exclude Muslims. Fourth, whether the Ninth Circuit nationwide injunction was overbroad.
Abbott v. Perezis odd and unusually complicated even for a racial gerrymandering case.
In a 5-4 ruling, the Supreme Court upheld all but one of Texas’ 2013 congressional and state legislative districts. The Texas Legislature’s 2013 redistricting plan codified a Texas federal district court’s second attempt at redrawing the legislature’s 2011 plan. The Supreme Court concluded the lower court erred when it required the Texas Legislature to prove that it purged the racially discriminatory taint of the 2011 legislative-drawn plan.
In a long-awaited decision in Carpenter v. United States, the Supreme Court held 5-4 that the Fourth Amendment requires the government to receive a warrant to obtain cell-site location information (CSLI).
In the Court’s majority opinion Chief Justice Roberts provides an explanation of how CSLI works. “Cell phones continuously scan their environment looking for the best signal, which generally comes from the closest cell site. Most modern devices, such as smartphones, tap into the wireless network several times a minute whenever their signal is on, even if the owner is not using one of the phone’s features. Each time the phone connects to a cell site, it generates a time-stamped record known as cell-site location information (CSLI).”