Capitol Comments

Acting alone, Justice Gorsuch refused to rule on an emergency petition challenging Colorado’s disaster emergency statute, meaning the statute remains in place.

In Denver Bible Church v. Polis two churches argued before the Supreme Court that the Colorado Disaster Emergency Act (CDEA) violates the First Amendment. The CDEA allows the Colorado Governor to declare a disaster emergency and issue executive orders to combat natural and...

In United States v. Cooley the U.S. Supreme Court held unanimously that an Indian tribe police officer may temporarily detain and search a non-Indian on a public right-of-way that runs through an Indian reservation, based on a suspected violation of state or federal law.

A tribal officer approached a vehicle stopped on a public right-of-way within the Crow Reservation to offer assistance. The officer ordered Joshua James Cooley, who appeared...

In City of San Antonio, Texas v. Hotels.com the U.S. Supreme Court held unanimously that federal district courts may not alter a court of appeals’ allocation of appellate costs. The State and Local Legal Center (SLLC) filed an amicus brief in this case arguing for district court discretion.  

The City of...

In Edwards v. Vonnoy the U.S. Supreme Court held 6-3 that no new rules of criminal procedure apply retroactively on federal collateral review. For this reason the Supreme Court’s holding in Ramos v. Louisiana (2020), that state court jury verdicts for convictions of serious crimes must be unanimous, does not apply retroactively to cases on federal collateral review....

In B.P. v. Mayor and City Council of Baltimore the U.S. Supreme Court ruled 7-1 that a federal court of appeals may review any grounds the district court considered for trying to remove a case to federal court where one of the grounds was federal officer or civil rights removal.

The State and Local Legal Center (SLLC) filed an...

Pages