Supreme Court

In a compromise decision that avoids the hot-button political issue of affirmative action in postsecondary education, the U.S. Supreme Court has ruled a federal appeals court was wrong to dismiss a case that the University of Texas illegally discriminated against a white college student when it rejected her application for admission.

This term the U.S. Supreme Court will hear at least five cases involving Fourth Amendment searches.  Two involve drug sniffing dogs, one involves warrantless blood draws from DUI suspects, and another involves detaining a person who has left the premises before executing a search warrant.  In Maryland v. King the Supreme Court will decide whether the Fourth Amendment allows states to collect and analyze DNA, without a warrant, from people arrested and charged with serious crimes. 

The State and Local Legal Center (SLLC) filed an amicus brief in Maryland v. King, which CSG signed onto, because this case involves a challenge to the constitutionality of a state statute.  In fact, twenty-eight states and the federal government have adopted DNA arrest laws. 

Remember Nollan and Dolan?  The U.S. Supreme Court will decide a case which the Florida Supreme Court calls the clearest inconsistency in the interpretation of the scope of Nollan and Dolan in Koontz v. St. Johns River Water Management District.  CSG signed onto an amicus brief filed by State and Local Legal Center (SLLC) in this case.  

Need a Nollan and Dolan refresher?  In these cases the U.S. Supreme Court held that when the government requests the dedication of land as a condition for issuing a permit there must be an “essential nexus” between the dedication of land and denying the permit and “rough proportionality” between the dedication of land and the impact of the development.   

Remember Nollan and Dolan?  The U.S. Supreme Court will decide a case which the Florida Supreme Court calls the clearest inconsistency in the interpretation of the scope of Nollan and Dolan in Koontz v. St. Johns River Water Management District.  CSG signed onto an amicus brief filed by State and Local Legal Center (SLLC) in this case.  

Need a Nollan and Dolan refresher?  In these cases the U.S. Supreme Court held that when the government requests the dedication of land as a condition for issuing a permit there must be an “essential nexus” between the dedication of land and denying the permit and “rough proportionality” between the dedication of land and the impact of the development.   

To say the Supreme Court’s October 2011 term was “all about the states” is hardly an overstatement.  The two most prominent cases of the term—the Affordable Care Act case and the Arizona immigration case—were both about states’ rights.  (And if the Court takes a gay marriage case next term it will be states’ rights round two). 

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