Lisa Soronen

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In South Dakota v. Wayfair the Supreme Court ruled that states and local governments can require vendors with no physical presence in the state to collect sales tax. According to the Court, in a 5-4 decision, “economic and virtual contacts” are enough to create a “substantial nexus” with the state allowing the state to require collection.  

In 1967 in National Bellas Hess  v. Department of Revenue of Illinois, the Supreme Court held that per its Commerce Clause jurisprudence, states and local governments cannot require businesses to collect sales tax unless the business has a physical presence in the state.

Twenty-five years later in Quill v. North Dakota (1992), the Supreme Court reaffirmed the physical presence requirement but admitted that “contemporary Commerce Clause jurisprudence might not dictate the same result” as the Court had reached in Bellas Hess.

Fane Lozman may be the only person to fit within a “unique class of retaliatory arrest claims.” But that is all it took for him to win his (second) Supreme Court case.

In an 8-1 decision in Lozman v. Riviera Beach, the Supreme Court held that a citizen who was arrested for making comments at a city council meeting (possibly because the City had an official policy of retaliating against him) was not barred from bringing a First Amendment retaliatory arrest claim against the City even if it had probable cause to arrest him.

The State and Local Legal Center (SLLC) filed an amicus brief arguing that an arrestee could not bring a First Amendment retaliatory arrest lawsuit if probable cause existed. The Court declined to decide whether as a general rule probable cause bars First Amendment retaliation cases against police officers.    

In 1986 a majority of the Supreme Court agreed that partisan gerrymandering may be unconstitutional in certain circumstances. But in that case and since then the Court has failed to agree on a standard for when partisan gerrymandering crosses the line. In Gill v. Whitford and Benisek v. Lamone the Supreme Court again declined to adopt a standard for what constitutes an unconstitutional partisan gerrymander.

In Gill the Court concluded that the gerrymandering challengers failed to demonstrate they had standing to bring their lawsuit. In Benisek the Court allowed Maryland’s redistricting plan to go into effect because, among other reasons, the challengers were too delayed in bringing their lawsuit.  

A closer look at the Supreme Court opinion in Minnesota Voter Alliance v. Mansky reveals that the case may not be as bad as it seems for the thirty some states which prohibit campaign-related accessories or apparel at polling place.

In a 7-2 decision the Supreme Court struck down a Minnesota law which prohibits voters from wearing a political badge, political button, or anything bearing political insignia inside a polling place on Election Day. According to the Court banning all political speech is too broad. The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting Minnesota.

It is fairly rare for the Supreme Court to decide a family law case raising constitutional issues. The last noteworthy case meeting this criteria was Obergefell v. Hodges (2015) where the Court ruled same-sex couples have a constitutional right to marry. Sveen v. Melin isn’t as groundbreaking.  

In this case the Supreme Court held 8-1 that applying Minnesota’s revocation-on-divorce statute to a life insurance beneficiary designation made before the statute’s enactment does not violate the Constitution’s Contracts Clause.

Despite the fact that Washington v. United States wasn’t really decided and technically only affects one state, it is still an interesting case because Washington argues the lower court decision will cost it billions of dollars. Also, this decision comes on the heels of the Supreme Court’s recent grant in Murphy v. Royal. In this case the Tenth Circuit held that for the purpose of criminal prosecutions half of Oklahoma may be located on an Indian Reservation.  

In Washington v. United States the Supreme Court was supposed to decide whether a “fishing clause” in a treaty guarantees “that the number of fish would always be sufficient to provide a ‘moderate living’ to the tribes.” Instead the Court affirmed the Ninth Circuit ruling by an equally divide vote. Whenever the Supreme Court deadlocks in a case the lower court decision stands but it doesn’t have precedential value. Justice Kennedy was recused in this case.

In Husted v. A. Philip Randolph Institute the Supreme Court held that Ohio’s processes of removing people from the voter rolls does not violate federal law. If a person doesn’t vote for two years Ohio sends them a confirmation notice. If they don’t respond to the notice and don’t vote in the next four years, Ohio removes them from the voter rolls.

The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting Ohio. Twelve other states maintain their voter rolls using a similar process.

States and local governments who have sued the Trump administration over the sanctuary jurisdictions executive order, the adding of conditions to receive Edward Byrne Justice Assistance Grants (Byrne JAG), and providing documentation to prove they comply with 8 U.S.C. 1373 have won all their major claims except one as of June 5.

On June 6 in City of Philadelphia v. Sessions a federal district court became the first to rule that Section 1373 is unconstitutional. This statute prohibits states and local governments from restricting employees from sharing immigration status information with federal immigration officials.

In a 7-2 decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission the Supreme Court reversed a ruling against the owner of a cake shop who refused to create a wedding cake for a same-sex couple because of his religious beliefs. The Court concluded the cake maker was entitled to but did not experience a “neutral decisionmaker who [gave] full and fair consideration to his religious objection.” The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting Colorado.

Charlie Craig and Dave Mullins filed a complaint against Masterpiece Cakeshop claiming it violated Colorado's public accommodations law, which prohibits discrimination in public accommodations on the basis of sexual orientation, when it refused to create a wedding cake for them. The cake shop owner Jack Phillips explained:  “to create a wedding cake for an event that celebrates something that directly goes against the teachings of the Bible, would have been a personal endorsement and participation in the ceremony and relationship that they were entering into.”

Collins v. Virginia is like a tricky logic problem. Police need a warrant to search the curtilage of a home but not to search a vehicle. So is a warrant needed to search a vehicle located on the curtilage of a home? Yes holds the Supreme Court.

More technically, in an 8-1 decision the Supreme Court held that the Fourth Amendment automobile exception does not permit police officers to search vehicles parked in the curtilage of a home without a warrant.  

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