Crime

The State and Local Legal Center (SLLC) amicus brief in City of Chicago, Illinois v. Fulton argues that the Supreme Court should rule that a local government need not immediately return a vehicle impounded because of code violations upon a debtor filing for bankruptcy.

The City of Chicago impounds...

The Supreme Court has held that excessive force violates the Fourth Amendment’s prohibition against “unreasonable searches and seizures.” The question in Torres v. Madrid is whether police have “seized” someone who they have used force against who has gotten away.   

In this case police officers approached Roxanne Torres thinking she may be the person they intended to arrest. At the time Torres was “tripping” from using meth for several days...

CSG Midwest
Kansas and Nebraska have among the strongest laws in the nation to prevent sex trafficking of minors and to help victims of these crimes, according to the advocacy group Shared Hope International. Both of those Midwestern states received “A” grades in the group’s national report card for 2019. These grades are based on 41 components of state law — for example, the criminal penalties for perpetrators and facilitators of trafficking crimes; the types of legal protections and services provided to victims; and the investigative tools given to law enforcement.

If you went to the Supreme Court today to check on Justice Ginsburg’s health, you were in luck. She asked the very first question (and many after) in oral argument in New York State Rifle & Pistol Association Inc. v. City of New York, New York.

If you came to hear a robust discussion of whether New York City’s now-repealed gun regulation violates the Second Amendment...

CSG Midwest
Before they voted to legalize the use of recreational marijuana, legislators in Illinois committed to learning as much as possible from the experiences of other states. Rep. Kelly Cassidy, lead sponsor of the bill signed into law in June (HB 1438), and others spent two years visiting growers, processors and dispensaries across the United States; they also held more than 100 stakeholder meetings in the state.
The end result: a 600-plus-page bill much different than any other state’s law on marijuana legalization. For example, the bill focuses heavily on ensuring diversity in ownership of the new businesses that come from legalization, and investing in the communities and people disproportionately impacted by enforcement of the state’s old laws on cannabis. But another facet of the new law stands out as well, and reflects what lawmakers found in their fact-finding work prior to the bill’s introduction. “[We were] struck by the intensive power and water usage involved in growing marijuana,” Cassidy says. In response, lawmakers included environmental requirements and efficiency standards for those seeking a license to cultivate marijuana.

In an amicus brief in New York State Rifle & Pistol Association Inc. v. City of New York, New York the State and Local Legal Center (SLLC) urges the Supreme Court to not apply strict scrutiny to regulations of guns carried in public.

In this case the Supreme Court agreed to decide whether New York City’s ban on transporting a handgun to a home or shooting range outside city limits violates the Second Amendment, the Commerce Clause, or the constitutional right to travel. The Second Circuit held the law is constitutional on all accounts.

Kelly v. United States is a conflux of fascinating law and facts.

The basic question the Supreme Court will decide is whether the masterminds of “Bridgegate” have committed fraud in violation of federal law. The more technical question is whether a public official “defrauds” the government of its property by advancing a “public policy reason” for an official decision that is not the subjective “real reason” for making the decision.

Former New Jersey Governor Chris Christie’s Deputy Executive Director of the Port Authority of New York and New Jersey, the Port Authority’s Director of Interstate Capital Projects, and Christie’s Deputy Chief of Staff for Intergovernmental Affairs orchestrated “Bridgegate.” Under the guise of conducting a traffic study, they conspired to reduce traffic lanes from the George Washington Bridge (the busiest bridge in the world) to Fort Lee the first week of Fort Lee’s school year, because the mayor of Fort Lee refused to endorse Governor Christie for governor.

In Mitchell v. Wisconsin the Supreme Court held that generally when police officers have probable cause to believe an unconscious person has committed a drunk driving offense, warrantless blood draws are permissible. The State and Local Legal Center (SLLC) filed an amicus brief arguing for this result.

By the time the police officer got Gerald Mitchell from his car to the hospital to take a blood test he was unconscious. Mitchell’s blood alcohol content (BAC) about 90 minutes after his arrest was 0.222%.

Wisconsin and twenty-eight other states allow warrantless blood draws of unconscious persons where police officers have probable cause to suspect drunk driving.

In Tennessee Wine and Spirits Retailers Association v. Thomas the Supreme Court held 7-2 that Tennessee’s law requiring alcohol retailers to live in the state for two years to receive a license is unconstitutional. The State and Local Legal Center (SLLC) filed an amicus brief in this case arguing the law was constitutional.  

Two constitutional provisions are at issue in this case. The dormant Commerce Clause prohibits state laws that unduly restrict interstate commerce. Both parties agree that if Tennessee’s durational-residency requirement applied to anyone wishing to sell anything other than alcohol it would violate the dormant Commerce Clause.

In Gundy v. United States the Supreme Court held 5-3 that the Sex Offender Registration and Notification Act’s (SORNA) delegation of authority to the Attorney General to apply SORNA’s requirements to pre-Act offenders doesn’t violate the constitution’s nondelegation doctrine.

SORNA, enacted in 2006, is Congress’s third sex offender registry law. It was intended to be more comprehensive than the previous two. It covers “more sex offenders, and imposes more onerous registration requirements, than most States had before.”

SORNA states “[t]he Attorney General shall have the authority to specify the applicability of the requirements of this subchapter to sex offenders convicted before the enactment of this chapter.” In 2007 the Attorney General issued an interim rule stating that SORNA’s registration requirements apply in full to pre-Act offenders. 

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