Capitol Comments

Amy Howe at SCOTUSblog aptly describes Maine Community Health Options v. United States as “relatively low-profile but super-high dollar!” In this case the Supreme Court held 8-1 that health insurance plans can sue the federal government to recover unpaid Risk Corridors payments under the Affordable Care Act (ACA).

The Risk Corridors program was designed to...

In Georgia v. Public.Rescource.Org the Supreme Court held 5-4 that non-binding, explanatory legal materials created by state legislatures cannot be copyrighted.

The Official Code of Georgia Annotated (OCGA) contains various non-binding supplementary materials including summaries of judicial decisions and attorney general opinions and a list of law review articles related to current statutory provisions. The OCGA is assembled by the Code...

In a two-page per curiam (unauthored) opinion in New York State Rifle & Pistol Association v. City of New York, the Supreme Court held that a challenge to New York City’s rule disallowing residents to transport firearms to a second home or shooting range outside of the city is moot. The State and Local Legal Center (SLLC) filed an...

When President Trump tweeted that he intended to temporarily suspend immigration into the United States due to COVID-19 no one quite knew what to expect.

The presidential proclamation prevents foreign nationals who are outside of the United States now and for the next 60 days (possibly longer if the proclamation is extended) from applying for legal...

In County of Maui, Hawaii v. Hawaii Wildlife Fund the Supreme Court held 6-3 that when there is a “functional equivalent of a direct discharge” from a point source to navigable waters an appropriate permit is required under the Clean Water Act.

The Clean Water Act forbids the “addition” of any pollutant “from a point source” to “navigable waters” without a National Pollutant Discharge Elimination System (NPDES) permit. In this case the County...

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