The Supreme Court’s 2016-2017 docket is now set. The Court is still down a Justice but has accepted as many cases as usual (about 75). In theory all the cases discussed below will be decided by June 30, 2017. The Court may decide to rehear tied (4-4) cases next term, when a new Justice will presumably join the bench.

This articles covers cases of interest to the states which the Court agreed to hear this term accepted after September 15, 2016. Here is a summary of cases of interest to the states which the Court agreed to hear before September 15, 2016.

Town of Chester v. Laroe Estates involves a long, complicated story and legal issue.

Steven Sherman sued the Town of Chester alleging an unconstitutional taking as the town refused to approve a subdivision on plots of land Sherman intended to sell to Laroe Estates. Laroe Estates advanced Sherman money for the land in exchange for a mortgage on the property. Sherman defaulted on a loan to a senior mortgage holder who...

The authors of Searching for Scalia evaluated who on President Trump’s list of potential nominees to replace Justice Scalia’s seat on the Supreme Court would be most like Justice Scalia—the originalist, the textualist, and, most importantly, the conservative. The winner:  Supreme Court nominee Judge Neil Gorsuch! 

While just one case is too few to judge any Supreme Court nominee, one case in particular gives states and local governments a reason to be excited about this nomination. Last year Judge Gorsuch (strongly) implied that given the opportunity the U.S. Supreme Court should overrule Quill Corp. v. North Dakota (1992). In Quill the Supreme Court held that states cannot require retailers with no in-state physical presence to collect sales tax. 

CSG Midwest
Unlike criminal forfeiture, in which a legal action is brought as part of the crime that a person is charged with, civil forfeiture laws by and large allow assets to be seized by police upon only upon a suspicion of wrongdoing.
In recent years, stories of innocent citizens having cash and other property seized — and facing arduous, uphill battles to reclaim their property — have prompted efforts from entities as disparate as the Charles Koch Institute and the American Civil Liberties Union to modify or repeal civil forfeiture laws.

The Kentucky Supreme Court ruled on October 20th that cities do not have the authority to raise the minimum wage standard.

It is of course too soon to know (but never too soon to speculate)!

While still a candidate, President-elect Trump released two lists of potential Supreme Court nominees to fill the current vacancy on the Court. While he has indicated that these lists are definitive, only time will tell whether he will in fact stick to them when making a nomination. Both lists were well-received by conservatives.

President Trump should have little trouble getting a conservative nominee through the majority-Republican Senate. If Senate Democrats filibuster Trump’s nominee, Senate Republicans are likely to exercise the “nuclear option,” meaning only a simple majority of Senators will be needed to confirm the nominee.    

Policy makers in Kansas have long been pushing for a proof-of-citizenship requirement for voter registration. In January 2016, newly appointed EAC executive director Brian Newby unilaterally altered the federal voter registration form to require proof of citizenship, which affects Kansas, Georgia and Alabama. In the most recent development of this situation, a top District of Columbia appeals court overturned his decision removing the proof-of-citizenship requirement from federal voter registration forms.

A detailed look at two issues impacting judges: The unsuccessful push by judges to increase or repeal mandatory judicial retirement ages, and the ongoing struggle judges have maintaining established judicial benefits.

State courts adopted unprecedented cost-saving strategies and innovations during the Great Recession. Today, courts continue to embrace this legacy of innovation to maintain, and even improve, the administration of justice. The projects featured in this article highlight the large gains and potential for future innovation in the state courts.

On June 27, the U.S. Supreme Court struck down two Texas abortion restrictions. The first required doctors at abortion clinics to obtain admitting privileges at a local hospital. The second required abortion clinics to meet the same standards as hospital-style surgical centers. Currently 26 states have one or both of these provisions.

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