Lisa Soronen

Author Articles

In North Carolina v. Covington the Supreme Court issued a three-page unauthored opinion ordering a North Carolina district court to reconsider its decision to remedy unconstitutional racial gerrymandering by truncating existing legislators’ terms and holding a special election.

In United States v. Carpenter the Supreme Court will decide whether police must obtain warrants per the Fourth Amendment to require wireless carriers to provide cell-site data. State and local governments have an interest in obtaining cell-site data as quickly and easily as possible as it can provide solid evidence a particular person was near the scene of a crime.  

Cellphones work by establishing a radio connection with the nearest cell tower. Towers project signals in different directions or “sectors.” In urban areas, cell sites typically cover from between a half-mile to two miles. Wireless companies maintain cell-site information for phone calls.

In a unanimous opinion, in which Justice Gorsuch participated, in Town of Chester v. Laroe Estates the Supreme Court held that an intervenor must possess Article III standing to intervene in a lawsuit as a matter of right if he or she wishes to pursue relief not requested by the plaintiff. The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting the Town of Chester.  

Steven Sherman sued the Town of Chester alleging an unconstitutional taking as the town “obstructed his plans” to build a subdivision. Laroe Estates paid $2.5 million to Sherman for the property while Sherman went through the regulatory process. Laroe Estates sought to intervene in the lawsuit suit.

In a unanimous opinion, in which Justice Gorsuch participated, in Town of Chester v. Laroe Estates the Supreme Court held that an intervenor must possess Article III standing to intervene in a lawsuit as a matter of right if he or she wishes to pursue relief not requested by the plaintiff. The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting the Town of Chester.  

Steven Sherman sued the Town of Chester alleging an unconstitutional taking as the town “obstructed his plans” to build a subdivision. Laroe Estates paid $2.5 million to Sherman for the property while Sherman went through the regulatory process. Laroe Estates sought to intervene in the lawsuit suit.

The Department of Justice (DOJ) has filed a brief asking the Supreme Court to review the Fourth Circuit’s recent decision temporarily preventing the President’s revised travel ban from going into effect. Numerous states supported both side as amici in the litigation. Numerous local goverments supported the challengers.

The President’s first executive order prevented people from seven predominately Muslim countries from entering the United States for 90 days. The Ninth Circuit temporarily struck it down concluding it likely violated the due process rights of lawful permanent residents, non-immigrant visa holders, and refugees.

The President’s second executive order prevents people from six predominately Muslim countries from entering the United States for 90 days but only applies to new visa applicants and allows for case-by-case waivers.  

The U.S. Court of Appeals for the D.C. Circuit invalidated a Federal Aviation Administration (FAA) rule that required non-commercial drone owners to register with the agency. 

The court held that the drone registration rule, known as the 2015 Registration Rule, violated the FAA Modernization and Reform Act of 2012, which prohibits the FAA from issuing any rule or regulation of “model aircraft.”

The invalidated registration rule required all small drone operators to register each of their drones with the FAA before operating them outdoors. To complete the registration process, owners were required to provide the FAA with their contact information, pay a $5 registration fee, and mark a unique identifier number issued by the FAA on their drone.

States and local governments have an interest in their voter rolls being accurate. Voters have an interest in remaining registered to vote. These interests collide in Husted v. A. Philip Randolph Institute.

This issue the Supreme Court will decide in this case is whether federal law allows states to remove people from the voter rolls if the state sends them a confirmation notice after they haven’t voted for two years, they don’t respond to the notice, and then they don’t vote in the next four years.

While Ohio is being sued in this case twelve other states use a similar scheme.  

States and local governments have an interest in their voter rolls being accurate. Voters have an interest in remaining registered to vote. These interests collide in Husted v. A. Philip Randolph Institute.

This issue the Supreme Court will decide in this case is whether federal law allows states to remove people from the voter rolls if the state sends them a confirmation notice after they haven’t voted for two years, they don’t respond to the notice, and then they don’t vote in the next four years.

While Ohio is being sued in this case twelve other states use a similar scheme.  

In a unanimous opinion in County of Los Angeles v. Mendez the Supreme Court rejected the “provocation rule,” where police officers using reasonable force may be liable for violating the Fourth Amendment because they committed a separate Fourth Amendment violation that contributed to their need to use force. The State and Local Legal Center (SLLC) filed an amicus brief asking the Supreme Court to reject the Ninth Circuit’s provocation rule.

Police officer entered the shack Mendez was living in without a warrant and unannounced. Mendez thought the officers were the property owner and picked up the BB gun he used to shoot rats so he could stand up. When the officers saw the gun, they shot him resulting in his leg being amputated below the knee.  

For the most part and for now, Attorney General Jeff Session’s memo defining ”sanctuary jurisdictions” per President Trump’s sanctuary jurisdictions executive order (EO) returns the law to what it was before the EO.   

Per the EO, so-called sanctuary jurisdictions were afraid the federal government was going to take away all federal grant funding if, among other things, they did not comply with warrantless, voluntary Immigration and Customs Enforcement (ICE) detainers, which instruct jails to detain undocumented persons after they may be otherwise free to go so that ICE may pick them up and deport them.

Many cities and counties, even those that don’t label themselves sanctuary jurisdictions, don’t respond to warrantless ICE detainers because numerous courts have held that doing so violates the Fourth Amendment.

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