Capitol Comments

In Department of Homeland Security v. New York the U.S. Supreme Court will decide whether the Trump administration’s “public charge” definition violates the Immigration and Nationality Act (INA) or is arbitrary and capricious under the Administrative Procedures Act (APA).

One of the factors relevant to whether a non-citizen may become a lawful permanent resident is whether he or she is likely to become a “public...

The Supreme Court has agreed to decide whether medical providers receiving federal funds may be prevented from referring patients for abortions. In California v. Azar the Ninth Circuit held the federal rule at issue is lawful. In Cochran v. Mayor and City Council of Baltimore the Fourth Circuit reached the opposite conclusion.

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In a Supreme Court amicus brief filed in Caniglia v. Strom, the State and Local Legal Center (SLLC) argues the Fourth Amendment “community caretaking” exception to the warrant requirement should extend beyond automobiles.

A police officer determined Edward Caniglia was “imminently...

A divided U.S. Supreme Court struck down California’s “Tier 1” total ban on indoor religious services, while allowing a 25% capacity limitation. Most of the state is currently under Tier 1 COVID-19 restrictions. It also allowed California’s to continue banning singing and chanting during indoor services.

While a number of Justices issued opinions, the Court issued no majority opinion.  Chief Justice Roberts’ two-...

In PennEast Pipeline Co. v. New Jersey the U.S. Supreme Court will decide whether a private natural gas company may use the federal government’s eminent-domain power to condemn state land.

The Natural Gas Act (NGA) authorizes private gas companies like PennEast to obtain necessary rights of way through eminent domain to build pipelines. PennEast asked a federal district court to condemn 42 properties which belong to New...

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