Government

House and Senate Democrats have proposed a bill to expand the U.S. Supreme Court from nine Justices to 13.

Currently, six Justices generally vote (or in the case of Justice Barrett are predicted to vote) conservative in big, controversial cases. If four seats were added to the Supreme Court and filled with Biden nominees, the balance of power would shift left--particularly in cases involving hot button issues.

While Congress has passed legislation over the years changing the number of Justices, since 1869 the number...

In Cameron v. EMW Women’s Surgical Center the U.S. Supreme Court will decide whether an attorney general should be permitted to intervene in a lawsuit after a federal court of appeals invalidates a state statute when no other state actor will defend the law.  

In 2018 Kentucky passed an abortion law, and the Secretary of Health and Family Services was sued. Lawyers from Health and Family Services and the Office of...

In City of San Antonio, Texas v. Hotels.com, L.P., the State and Local Legal Center (SLLC) filed a Supreme Court amicus brief arguing federal district courts should be able to waive the general rule that the loser on appeal pays the winner’s appellate costs.

The City of San Antonio won in federal district court a class action lawsuit against online travel companies (OTCs) requiring them to collect occupancy...

In Uzuegbunam v. Preczewski the Supreme Court held 8-1 that to have a “redressable injury” required to bring a lawsuit a plaintiff need only ask for nominal damages ($1). The State and Local Legal Center (SLLC) filed an amicus brief in this case asking the Court to hold that a lawsuit for nominal damages only is moot...

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 an 8-0 decision in City of Chicago v. Fulton, the U.S. Supreme Court held that the City of Chicago didn’t violate the Bankruptcy Code’s automatic stay provision by holding onto a vehicle impounded after a bankruptcy petition was filed.  The State and Local Legal Center (SLLC) filed an amicus brief in this case asking the...

In Americans for Prosperity v. Becerra and Thomas More Law Center v. Becerra the petitioners claim that a California law requiring them to submit to the California Attorney General their IRS Form 990 Schedule B, which lists their largest donors, violates the First Amendment. California law requires the Attorney General to...

In City of San Antonio, Texas v. Hotels.com, L.P. the Supreme Court will decide whether a federal district court has discretion to waive appellate costs which in this case the City of San Antonio had to pay Hotels.com after the Hotels.com won its appeal.  

The City of San Antonio won in federal district court a class action lawsuit against online travel companies (OTCs) requiring them to collect occupancy taxes on...

CSG South

As the 2020 legislative cycle approaches, legislators across the South are preparing and pre-filing legislation to address emerging and relevant policy issues in their states. With its regional focus, the Southern Legislative Conference (SLC) is uniquely positioned to identify and research current and emerging policy issues and trends. This report was prepared by Anne Roberts Brody, policy and program manager, and Roger Moore and...

In an unauthored opinion in Trump v. New York, the U.S. Supreme Court refused to decide whether President Trump could lawfully and constitutionally direct the Secretary of Commerce to provide information to him about the number of undocumented persons so he could exclude them from the census apportionment base. As a result, President Trump’s memorandum to this effect survives for now.

Federal law requires the Secretary of Commerce to “take a...

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