Supreme Court

Even though the Supreme Court’s next term won’t officially begin until October 6, the Court has already accepted about 40 of the 70 or so cases it will decide in the upcoming months. 

For a more detailed summary of all the cases the Court has accepted so far affecting states, read the State and Local Legal Center’s Supreme Court Preview for State Governments.

Here is a quick highlight of what is on the Court’s docket right now that will...

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The future of a controversial Indiana “right to work” law (dubbed “right to work for less” by opponents) is now in the hands of the state’s Supreme Court. According to The Indianapolis Star, oral arguments were set to begin in early September. The 2012 law has been ruled unconstitutional by two lower-court state judges. In contrast, it survived a legal challenge in federal court.

In Comptroller v. Wynne the Supreme Court will determine whether the U.S. Constitution requires states to give a credit for taxes paid on income earned out-of-state. 

Forty-three states and nearly 5,000 local governments tax residents’ income.  Many of these jurisdictions do not provide a dollar-for-dollar tax credit for income taxes paid to other states on income earned out-of-state.  A decision against Maryland’s Comptroller in this case...

In Harris v. Quinn the Supreme Court held 5-4 that the First Amendment prohibits the collection of an agency fee from home health care providers who do not wish to join or support a union. 

Medicaid recipients who would otherwise be institutionalized may hire personal assistants.  In Illinois, the Medicaid recipient is the employer and is responsible for almost all aspects of the employment relationship.  But the personal assistant is a state employee for collective bargaining purposes.  A number of personal assistants did not want to join the union or pay it dues. 

Even though it has been a few weeks since the opinion was handed down, unless you happen to read Land Use Prof Blog you probably have no idea that the birth control mandate case is likely to affect land use regulation. 

As usual, on the last day of the Supreme Court’s term it released its opinion in the biggest case of the term:  Burwell v. Hobby Lobby.  The Court held 5-4 that the Affordable Care Act’s birth control mandate violates the Religious Freedom Restoration Act (RFRA), as applied to closely held corporations.  

The State and Local Legal Center (SLLC) filed an amicus brief, which Justice Ginsburg quoted in her dissenting opinion, because of the possible effect on land use. 

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