Policy Area

According to the Kaiser Family Foundation, approximately 4.3 million Americans receive Home and Community Based Services (HCBS). Unfortunately, the COVID-19 pandemic has made providing HCBS far more difficult. Consequently, state governments have used Appendix K waivers to adjust HCBS to best support individuals who are elderly or disabled during the COVID-19 pandemic.

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 1969 in Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court held that school officials may discipline students who engage in speech that would materially and substantially disrupt the work and discipline of the school. In Mahanoy Area School District v. B.L., the Supreme Court will...

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...

The issue in B.P. v. Mayor and City Council of Baltimore is whether a federal appellate court may review all the grounds upon which a defendant claims its case should not be sent back to state court when only one of the grounds the defendant alleges is specifically listed in federal statute as a basis for federal appellate court review. The State and Local Legal Center (SLLC) filed a Supreme Court...

In a Supreme Court amicus brief in Cedar Point Nursery v. Hassid the State and Local Legal Center (SLLC) argues that temporary entry onto private property by government officials isn’t a “taking.”

The U.S. Constitution’s Fifth Amendment allows the government to “take” private property as long as it pays “...

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...

In Danville Christian Academy v. Beshear the U.S. Supreme Court allowed a Sixth Circuit decision to remain in place which upheld Kentucky Governor Andy Beshear’s executive order closing all K-12 schools, including religious schools, from November 18 until January 4 due to the COVID-19 pandemic.

The governor’s “school” executive order temporarily closed all elementary, middle, and high schools but allowed preschools, colleges, and...

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