Capitol Comments

Over no noted dissents and without an opinion, the Supreme Court ordered a federal district court to decide again whether California may ban all indoor religious services in counties most severely hit by COVID-19. The order instructs the federal district court to reconsider this case, Harvest Rock Church v. Newsome, in light of the Supreme Court decision last week in...

By Dina Klimkina and Bobby Silverstein

On Nov. 3, roughly 58.6% of California residents voted to approve California Proposition 22, which classifies app-based drivers working for rideshare and delivery companies — like Uber and Lyft — as "independent contractors" instead of "employees." Workers are only classified as employees if a company sets drivers’ hours, requires...

In a 5-4 decision in Roman Catholic Diocese of Brooklyn, New York v. Cuomo, the Supreme Court has prevented New York’s governor from enforcing certain restrictions on attendance at religious services due to COVID-19. Until this decision, the Supreme Court had allowed all challenged stay-at-home orders which it reviewed on an emergency basis to remain in effect. The Chief Justice dissented as did Justices Breyer, Sotomayor, and Kagan.     

The...

In an amicus brief in Uzuegbunam v. Preczewski the State and Local Legal Center (SLLC) argues that when a government entity changes a policy after a lawsuit has been filed and the plaintiff only asks for nominal damages the case is moot.

Two Georgia Gwinnett College students sued the college over its Freedom of Expression policy,...

In United States v. Cooley the Supreme Court will decide whether tribal police have the authority to temporarily detain and search a non-Indian on a public right-of-way within a reservation based on a potential violation of state or federal law.

The Ninth Circuit held the tribal officer has no such authority unless a legal violation is “obvious” or “apparent.” If it isn’t, any evidence obtained in the search must not be used against...

The issue the Supreme Court will decide in Caniglia v. Strom is whether the Fourth Amendment “community caretaking” exception to the warrant requirement extends to the home.

A police officer determined Edward Caniglia was “imminently dangerous to himself and others” after the previous evening he had thrown a gun on the dining room table and said something to his wife like “shoot me now and get it over with.” Officers convinced Caniglia to go...

The Supreme Court has required governments to pay “just compensation” to property owners where the government “requires an owner to suffer a permanent physical invasion of her property—however minor.” But what if the invasion is temporary? In Cedar Point Nursery v. Hassid, the Supreme Court will decide whether a taking has occurred.

The U.S. Constitution’s Fifth Amendment allows the government to “take” private property as long...

Apprenticeships are on the rise. Employers are increasingly turning to apprenticeships to build strong pipelines of talent, and states are investing in apprenticeships as important workforce development tools. ...

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By Christina Gordley & Dexter Horne

 

National Apprenticeship Week (NAW) is November 8-14, 2020! The week is a nationwide celebration sponsored by the U.S. Department of Labor to unite business leaders, job seekers, educational institutions and other vital partners to show their support for apprenticeships....

Today the Supreme Court heard oral argument in California v. Texas. In this case it is possible the Supreme Court could rule that a portion of the Affordable Care Act (ACA) is unconstitutional and strike down the entire law.

Predicting the outcome of Supreme Court cases based on oral argument is a risky proposition. Nevertheless, it appeared at...

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